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Judiciary

Delay in filing application for recall or review cannot prevent Court from recalling its order

April 30, 2025 1314 Views 0 comment Print

Bombay High Court held that mere delay in filing application for recall or review, not involving latches, acquiescence or estoppel, would not prevent this Court from exercising inherent power of recalling its order.

ITAT Lucknow allows Sections 11 & 12 Exemption Despite Clerical Omission in ITR

April 30, 2025 909 Views 0 comment Print

Lucknow ITAT rules Bright Land College eligible for charitable exemption despite return filing error, citing Gujarat High Court precedent on application of income.

Absence of cross-examination vitiates third-party statements: ITAT Nagpur

April 30, 2025 2394 Views 0 comment Print

ITAT Nagpur deletes additions under Section 68 due to lack of cross-examination and sufficient documentary evidence provided by the assessee in loan and LTCG cases.

Section 26E of SARFAESI Act and Section 34 of RDB Act will prevail over section 24 of TNGST Act

April 30, 2025 819 Views 0 comment Print

Madras High Court held that provisions of Section 26E of the SARFAESI Act and Section 34 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) would prevail over the provisions of Section 24 of the Tamil Nadu General Sales Tax Act, 1959 (TNGST Act).

Bail application of actress Ranya involved in gold smuggling case not entertained

April 30, 2025 606 Views 0 comment Print

Unlike conventional crimes which affect individuals or specific groups, economic offences have potentiality to threaten the stability of national economy. Economic offences are grave and they always pose a threat to the health of the economy of the country.

Department directed to pass speaking order against cross examination request

April 30, 2025 684 Views 0 comment Print

Madras High Court directs adjudicating authority to pass a speaking order with regard to request of the petitioner to cross examine the person and officers of Directorate of Revenue Intelligence before adjudicating relevant show cause notices.

Freezing of bank account u/s. 110(5) of Customs Act during pendency of investigation not justified

April 30, 2025 1074 Views 0 comment Print

Madhya Pradesh High Court held that customs authority doesn’t have authority to pass an order of provisional attachment under section 110(5) of the Customs Act, 1962 during pendency of investigation. Accordingly, freezing of bank account not justified.

Cancellation of GST registration and rejection of revocation application upheld due to non-existence of business

April 30, 2025 1422 Views 0 comment Print

The petitioner became a registered dealer under the West Bengal Goods and Services Tax Act, 2017, effective from July 1, 2017 and carried out business activities during F.Y. 2017-18, procuring 11,876 MT of sugar and selling the entire stock by March 2018.

Taxing addition at higher rate u/s. 115BBE for cash deposit during demonetization not tenable: ITAT Surat

April 30, 2025 1869 Views 0 comment Print

ITAT Surat held that provisions of section 115BBE of the Income Tax Act are enacted on 15.12.2016 hence taxing addition at higher rate u/s. 115BBE for prior period is not sustainable. Accordingly, AO directed to tax addition at normal rate of tax.

Rule 16 of Drawback Rules doesn’t prescribe any limitation: Delhi HC

April 30, 2025 1308 Views 0 comment Print

The present case revolves around the Duty Drawback Scheme. This scheme has become the subject of misuse by some traders/ exporters who make fraudulent exports merely with a view of availing the benefits under the scheme.

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