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Judiciary

Bombay HC Left Adjudication of Section 87A Rebate Eligibility to Tax Authorities

January 25, 2025 7596 Views 0 comment Print

Bombay HC clarifies that rebate under Section 87A can be adjudicated during assessment, not restricted at the threshold based on Section 115BAC tax calculation.

Delay in filing of an appeal condoned as sufficient cause shown: ITAT Kolkata

January 25, 2025 1116 Views 0 comment Print

ITAT Kolkata held that condonation of delay in filing of an appeal is liable to be allowed as sufficient cause shown. Accordingly, order of CIT(A) set aside and matter restored back for fresh adjudication.

ITAT remanded the matter as assessee failed to explain holding of two PAN

January 25, 2025 504 Views 0 comment Print

On appeal CIT (A) observed that assessee used different PAN in Form 35 instead of one used for reassessment. Assessee neither file return in response to notice u/s 148 not it complied with the statutory notices.

Ex-parte order by CIT(A) without adjudicating issues on merits not sustainable: ITAT Agra

January 25, 2025 990 Views 0 comment Print

ITAT Agra held that ex-parte dismissal of appeal, as notices issued by CIT(A) were not compiled, without adjudicating issues on merits is in violation of section 250(6) of the Income Tax Act. Hence, order set aside and matter remitted back to CIT(A) for fresh adjudication.

Penalty u/s. 129 of the CGST Act cannot be imposed for minor procedural breaches: Delhi HC

January 25, 2025 1704 Views 0 comment Print

Delhi High Court held that imposition of penalty under section 129 of the Central Goods and Services Tax Act, 2017 [CGST Act] for minor procedural breaches is unjustified. Accordingly, writ petition disposed of and penalty set aside.

Notice u/s. 274 untenable as penalty u/s. 271(1)(c) imposed without stating specific charge

January 25, 2025 1377 Views 0 comment Print

ITAT Ahmedabad held that notice issued u/s. 274 without specifying ground for imposition of penalty u/s. 271(1)(c) i.e. whether penalty is imposed for concealment of income or furnishing of inaccurate particulars of income is not justifiable.

Arrest in GST tax evasion matter without adequate reason to believe not justified: Bail granted

January 25, 2025 687 Views 0 comment Print

Gauhati High Court held that arrest of accused involved in evasion of GST by falsely claiming ITC during investigation without any reason to believe that accused will abscond or disobey summons not justified. Accordingly, accused released on interim bail.

No Addition for Delay in PF/ESIC Deposits Due to Technical Glitches: ITAT Delhi

January 25, 2025 1461 Views 0 comment Print

 ITAT Delhi partly allowed FIL India’s appeal on tax adjustments, PF contributions, and double taxation of interest on refund under Income Tax Act provisions.

Price of petroleum products agreed under MoU by Oil Marketing Companies is not transaction value

January 25, 2025 47079 Views 0 comment Print

Supreme Court held that the agreement between the oil marketing companies indicates that the price of petroleum products agreed under MoU is not a normal price and, therefore, is not a transaction value. Appeal allowed on the ground of extended period.

GST Registration Revocation Delay Condoned: Assessee Allowed to Restore by Paying Dues

January 25, 2025 783 Views 0 comment Print

Orissa HC directs OGST registration cancellation to be reconsidered, provided dues are cleared. Relief granted in line with Mohanty Enterprises judgment.

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