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Judiciary

Reassessment notice issued beyond three years is barred by limitation: Delhi HC

April 30, 2025 2097 Views 0 comment Print

The petitioner, essentially, impugns a notice dated 22.07.2022 issued under Section 148 of the Income Tax Act, 1961 inter alia, on the ground that it has been issued beyond the period of limitation as specified under Section 149(1)(a) of the Act.

Reassessment framed u/s. 147 invalid due to non-issuance of notice u/s. 143(2)

April 30, 2025 4533 Views 0 comment Print

ITAT Delhi held that assessment framed u/s. 147 invalid due to non-issuance of notice u/s. 143(2) of the Income Tax Act against return filed in response to notice u/s 148. Accordingly, appeal of the assessee allowed.

ITAT Deletes Penalty for Short TDS deduction on Leave Fare Concession

April 30, 2025 1539 Views 0 comment Print

ITAT Agra deletes penalty on State Bank of India for short TDS on LFC with foreign leg, citing bona fide belief and Supreme Court ruling on penalty.

Fresh Information on Shell Companies Justifies Scrutiny Despite Prior Assessment

April 30, 2025 4194 Views 0 comment Print

Gujarat High Court Upholds Tax Reopening on Suspected Bogus Share Capital;  Fresh Information on Shell Companies Justifies Scrutiny Despite Prior Assessment; Reopening Based on Investigation Report Validated

Mere 7-Day Response Period for Section 148A(b) Notice Violates Principles of Natural Justice

April 30, 2025 897 Views 0 comment Print

Chhattisgarh High Court quashes reassessment under Section 148 of Income Tax Act, citing lack of reasonable opportunity and violation of natural justice.

Section 56(2)(vii) not applies to shares received via proportionate rights issue

April 30, 2025 2064 Views 0 comment Print

ITAT Mumbai restricts tax addition on share allotment in ITO vs Rajeev R Tulshyan case, citing proportionate rights issue and lack of disproportionate gain.

Post-GST Assam Agricultural Market Cess Illegal, Refund Denied Under Unjust Enrichment Doctrine

April 30, 2025 564 Views 0 comment Print

Gauhati High Court rules cess collection post-GST illegal in Eastern Roller Flour Mills case but denies refund due to unjust enrichment doctrine.

Assam Agricultural Market Cess Struck Down Post-GST by Gauhati HC

April 30, 2025 861 Views 0 comment Print

Gauhati High Court rules Assam agricultural market cess post-GST invalid, citing conflict with GST law. Denies refund based on unjust enrichment.

GST Demand Unsustainable if Based on Tampered Inspection Reports: Patna HC

April 30, 2025 5022 Views 0 comment Print

Patna High Court sets aside GST demand due to violations in inspection and tampering of official documents by a tax officer.

Transition of CENVAT Credit Cannot Be Denied Solely Due to inadmissibility under previous law

April 29, 2025 1170 Views 0 comment Print

Jharkhand HC quashes demand on GST transitional credit by Steel Authority of India, restoring Rs 30.29 Cr. to the petitioner in a case of VAT credit transition.

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