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Judiciary

Liquidation proceeds to be distributed in proportion to admitted claim of secured creditors

February 8, 2025 957 Views 0 comment Print

NCLAT Delhi held that distribution of liquidation proceeds has to be in proportion to the admitted claim of secured creditors as per section 53(1) of the Insolvency and Bankruptcy Code and the same cannot be on the basis of security interest of different secured creditors.

Revision u/s. 263 for invoking penalty provisions u/s. 270A(9)(e) without intimation u/s. 143(1)(a) untenable

February 8, 2025 606 Views 0 comment Print

ITAT Chennai held that revisionary proceedings under section 263 of the Income Tax Act for invoking penalty provisions u/s. 270A(9)(e) without issue of intimation under section 143(1)(a) of the Income Tax Act is unjustifiable and untenable in law.

Bill without Supply: HC Revokes GST Registration Suspension Pending Enquiry

February 8, 2025 456 Views 0 comment Print

Karnataka High Court revokes the suspension of GST registration, ruling that suspension pending enquiry is too harsh. Authorities to decide based on due process.

Confiscation notice u/s. 130 of TNGST Act justified as officials duly formed opinion of tax evasion

February 8, 2025 429 Views 0 comment Print

Madras High Court held that issuance of confiscation notice under section 130 of the TNGST Act justifiable since officials had formed clear cut prima facie opinion that gold jewellery were transported for purpose of sale with intention to evade payment of tax.

GST Registration Cancellation Without Proper Notice is Invalid: Allahabad HC

February 8, 2025 291 Views 0 comment Print

Allahabad High Court sets aside cancellation of Aditi Agri Junction’s GST registration, citing procedural lapses. Read the case summary and ruling details.

Karnataka HC directs Assessee to raise all contentions in GST SCN Response

February 8, 2025 417 Views 0 comment Print

Karnataka High Court allows Vaishan Traders to contest discrepancies in GST seizure case, directing compliance with the hearing notice. Read the case summary here.

GST registration and payment of tax after inspection not voluntary conduct by assessee

February 8, 2025 726 Views 0 comment Print

There has been contraventions of provisions of the GST Act for which the petitioner is liable to make good the non-payment and also suffer penal consequences for the same.

Orissa HC Stays SCN-Based Order Alleging Wrongful ITC Availment

February 8, 2025 624 Views 0 comment Print

Orissa High Court stays order in Coastal Construction’s GST dispute over ₹37 lakh ITC reversal. Case involves tax period 2017-18 and SCN errors.

Deduction u/s 54B not allowed if land is not used for agriculture for last preceding two years: ITAT

February 8, 2025 609 Views 0 comment Print

PCIT observed that no agricultural activity was carried out from the year 2014 till 2018 in both the lands i.e. the agricultural land which was transferred by the assessee and also the land which was purchased by the assessee. 

SCN u/s 73 (1) is mandatory and summary in GST DRC 01 cannot substitute SCN: Gauhati HC

February 8, 2025 849 Views 0 comment Print

In the matter abovementioned HC quashed the impugned order after observing that no proper and prior SCN u/s 73 (1) of AGST was issued along with the Summary of Show Cause Notice in Form GST DRC-01.

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