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Judiciary

Section Notice liable to be quashed if not supported by reasons: Patna HC

May 10, 2025 4137 Views 0 comment Print

Patna High Court held that notice must be supported by reasons. Accordingly, since notice issued under section 148 of the Income Tax Act is not supported by reasons the same is liable to be quashed. Thus, writ petition stand allowed.

Loan Between Holding & Subsidiary Due to Commercial Expediency is Outside Deemed Dividend Scope

May 10, 2025 1773 Views 0 comment Print

ITAT Kolkata held that loan transaction between holding and subsidiary company done in the normal course of business and out of business/ commercial expediency are outside the scope of deemed dividend.

Voluntary donations received by registered trust are capital receipts: ITAT Ahmedabad

May 10, 2025 852 Views 0 comment Print

ITAT Ahmedabad held that amount of corpus of donations i.e. voluntary donations received by trust registered under section 12A are considered as capital receipts and hence not chargeable to Income Tax Act. Accordingly, appeal of revenue dismissed.

Notice u/s. 143(2) not issued in prescribed format is invalid: ITAT Kolkata

May 10, 2025 2028 Views 0 comment Print

ITAT Kolkata held non-mentioning of the fact of either limited or complete scrutiny or compulsory manual scrutiny would render issuance of Income Tax notice u/s 143(2) invalid.

GST Proceedings Against Deceased Person Void: Allahabad HC

May 10, 2025 1119 Views 0 comment Print

Allahabad High Court sets aside tax notice and order against deceased proprietor, rules proceedings must target legal representative. Cites key precedent.

Telangana HC Quashes GST SCN, Citing Violation of Natural Justice & Cryptic SCN

May 10, 2025 747 Views 0 comment Print

Telangana High Court sets aside tax show-cause notice and registration suspension for King Enterprise, ruling the cryptic notice violated natural justice.

Addition based on loose papers without independent corroborative material not sustained

May 10, 2025 2115 Views 0 comment Print

ITAT Delhi held that loose papers cannot be considered as admissible evidence for making an addition unless backed by independent corroborative material. Accordingly, addition made under section 69B of the Income Tax Act liable to be deleted.

SC Rejects Power Firm’s Appeal Over Delay Citing Statutory Limitation & Lack of Due Diligence

May 10, 2025 1266 Views 0 comment Print

Supreme Court dismisses Suryachakra Power’s appeal against APTEL due to 161-day delay. Strict Electricity Act timeline cited.

Allahabad HC Upholds Dismissal of Delayed GST Appeal

May 10, 2025 1155 Views 0 comment Print

Allahabad High Court affirms dismissal of A V Construction’s GST appeal due to a 19+ month delay. Court cites specific GST Act limitation rules over general law.

Delhi HC Affirms Mandatory Pre-Deposit for Tax Appeals before CESTAT

May 10, 2025 1452 Views 0 comment Print

Delhi High Court rules mandatory pre-deposit under Section 35F for tax appeals filed after 2014 amendment cannot be waived, citing Supreme Court upheld precedent.

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