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Judiciary

Service Tax Refund Claims Must Cite Notification & Provision: CESTAT Ahmedabad

February 11, 2025 507 Views 0 comment Print

CESTAT Ahmedabad rules that refund claims must clearly specify the notification and legal provision under which they are sought. Procedural lapses can lead to denial.

Section 271(1)(c) Penalty Unsustainable if underlying quantum additions are under reassessment

February 11, 2025 1296 Views 0 comment Print

ITAT Agra restores penalty appeal in Devendra Kumar Dubey Vs ITO for reassessment by CIT(A). Case highlights concealment penalty of ₹34,803 under Section 271(1)(c).

Default continued beyond moratorium period not covered u/s. 10-A of IBC: Madras HC

February 11, 2025 546 Views 0 comment Print

Madras High Court held that Section 10-A of the Insolvency and Bankruptcy Code, 2016 cannot be extended to cases where default continued beyond moratorium period. Hence, application under section 7 for initiation of CIRP acceptable.

Interest on enhanced compensation u/s. 28 of Land Acquisition Act is taxable: ITAT Delhi

February 11, 2025 1536 Views 0 comment Print

ITAT Delhi held that interest on enhanced compensation under section 28 of Land Acquisition Act, 1894 is not exempt u/s. 10(37). Such interest is exigible to tax u/s. 56(2)(viii) r.w.s. 145B(1). Accordingly, appeal of the assessee dismissed.

Delay in filing income tax return results into imposition of penalty and prosecution: Karnataka HC

February 11, 2025 390 Views 0 comment Print

Karnataka High Court held that delay in filing of income tax returns results into imposition of penalty and prosecution. Payment of penalty for delay in filing return doesn’t exonerate petitioner from being prosecuted.

Service tax payable only on service component in case of retreading tyres: Karnataka HC

February 11, 2025 537 Views 0 comment Print

Karnataka High Court held that in case of service of retreading tyres, service tax is payable only with respect to the service component under the Finance Act. Service tax is not payable on the entire gross value. Hence, petition partly allowed.

One final hearing granted on payment of 10% disputed tax under GST

February 11, 2025 480 Views 0 comment Print

Madras High Court directed granting of one final opportunity of being heard as demanded by assessee on payment of 10% of the disputed taxes under GST. Accordingly, order set aside and matter remanded back.

Section 271B Penalty Notice After 4 Years of assessment is Time-Barred: Kerala HC

February 11, 2025 2553 Views 0 comment Print

Kerala High Court held that issuance of notice for imposition of penalty under section 271B for failure to furnish audit report after more than four years of completion of assessment is barred by limitation as per section 275(1)(c) of the Income Tax Act.

Jurisdiction under Section 73 CGST requires compliance with Section 61 CGST: Rajasthan HC

February 11, 2025 1353 Views 0 comment Print

Petitioner runs a hotel and registered under GST. It was issued a notice in GST ASMT-10 intimating certain discrepancies which stated that the petitioner had availed ITC which was not available to him as per Section 17(5) of the RGST.

HC directs GST authorities to Decide on Refund Application & Risky Exporter Status

February 11, 2025 780 Views 0 comment Print

Kerala HC orders IGST refund decision within two months, reviewing the petitioner’s “risky exporter” status. Refund claim pending since 2022 under GST rules.

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