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Judiciary

SAD Refund allowable despite filing beyond one-year limitation: Delhi HC

April 22, 2025 954 Views 0 comment Print

Revenue argued that the refund claims were time-barred and that Section 27 of the Customs Act should apply strictly. They further submitted that the Supreme Court had not conclusively resolved the divergence between the Delhi and Bombay High Court positions. On appeal.

Bail in GST evasion case granted as guidelines for arrest not followed: Patna HC

April 22, 2025 1017 Views 0 comment Print

Patna High Court grants bail to an accused in an alleged ₹33 crore GST invoice scam, citing lack of proper evidence for arrest.

ITAT Kolkata Quashes Reopening Due to Vague Reasons & Mechanical Approval

April 22, 2025 960 Views 0 comment Print

ITAT Kolkata held that reopening of assessment is invalid since reasons recorded are vague and scanty and PCIT has granted approval in mechanical manner. Accordingly, reopening of assessment is liable to be quashed.

Assessment on United Bank Post-Amalgamation with PNB Not Sustainable: ITAT Delhi

April 22, 2025 645 Views 0 comment Print

ITAT Delhi held that assessment passed on a non-existing entity [i.e. Union Bank of India] not sustainable since the same is amalgamated with Punjab National Bank and accordingly, Union Bank of India has lost its existence.

Section 270A set aside as charge of under reporting or mis-reporting of income not clarified

April 22, 2025 1599 Views 0 comment Print

ITAT Bangalore held the imposition of penalty under section 270A of the Income Tax Act is not sustainable since charge of under reporting or mis-reporting not clarified. Thus, penalty cannot be imposed in a light hearted manner or in routine manner.

Dismissal of application u/s. 80G(5) not justified in view of CBDT Circular 7/2024

April 22, 2025 798 Views 0 comment Print

ITAT Surat held that the application in Form No.10AB u/s 80G(5) of the Income Tax Act cannot be dismissed as barred by limitation in view of CBDT circular 7/2024 dated 25.04.2024. accordingly, matter remitted to the file of CIT(E).

Person other than searched person should be assessed u/s. 153C instead of 143(3): ITAT Delhi

April 22, 2025 1689 Views 0 comment Print

Coordinate Tribunal in the case of Arti Dhall vs. DCIT has held that in the case on hand undoubtedly the satisfaction note u/s 153C of the Act was recorded on 27.09.2022 which falls in the previous year 2022-23 relevant to the AY 2023-24.

Interest on loan taken to acquire shares eligible for deduction u/s. 36(1)(iii): ITAT Hyderabad

April 22, 2025 1110 Views 0 comment Print

ITAT Hyderabad held that interest on loan taken to acquire shares of any company for taking controlling interest is eligible as deduction under section 36(1)(iii) of the Income Tax Act. Accordingly, appeal of revenue dismissed.

Application u/s. 7 of IBC rejected as debt invoking guarantee falls between 10A period

April 22, 2025 726 Views 0 comment Print

NCLAT Delhi held that when the debt invoking the guarantee falls between the 10A period application u/s. 7 of the Insolvency and Bankruptcy Code is barred by limitation. Accordingly, order rejecting application upheld.

Section 153A Additions for Accommodation Entries Invalid Without Incriminating Material

April 22, 2025 1185 Views 0 comment Print

ITAT Mumbai upheld CIT(A)’s rulings in ACIT vs GM Modular Pvt. Ltd., addressing unverified purchases, PF/ESI disallowances, and incriminating material in search cases.

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