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Judiciary

Application U/S 9 of IBC Wrongly Rejected as Financial Debt Proven: NCLAT Chennai

January 17, 2025 228 Views 0 comment Print

NCLAT Chennai held that rejection of application preferred u/s. 9 of the Insolvency and Bankruptcy Code [I&B Code] not justified since existence of financial debt arising out of business transaction established.

Addition towards unexplained cash deposit deleted as satisfactory explanation furnished

January 17, 2025 729 Views 0 comment Print

ITAT Ahmedabad held that addition towards cash deposit in bank account u/s. 69A as unexplained liable to be deleted since assessee satisfactorily explained the source. Accordingly, addition deleted.

Reconsider ITC Disallowance for Delayed Claim Under Section 16(5) GST Act: Madras HC

January 17, 2025 1716 Views 0 comment Print

Madras High Court held that disallowance of input tax credit for A.Y. 2019-2020 since claims has been lodged beyond the period prescribed under Section 16(4) of the GST Acts needs re-do by taking into account newly inserted provisions of section 16(5).

Opportunity of Being Heard Mandatory Before Finalizing Section 263 Revision

January 17, 2025 909 Views 0 comment Print

ITAT Surat held that it is mandatory to provide proper opportunity of being heard to the assessee before finalization of revisionary proceedings under section 263 of the Income Tax Act.

Presumptive Share Transfer Addition Unsustainable: ITAT Ahmedabad

January 16, 2025 360 Views 0 comment Print

ITAT Ahmedabad held that addition of short term capital gain on account of transfer of shares on presumption basis without bringing on record evidencing actual receipt of consideration cannot be sustained. Accordingly, addition deleted.

Section 68 Not Applicable for Non-Utilisation of CSR Funds: ITAT Ahmedabad

January 16, 2025 546 Views 0 comment Print

ITAT Ahmedabad held that provisions of section 68 of the Income Tax Act doesn’t apply in the matter of non-utilisation of amounts received towards Corporate Social Responsibility (CSR) activities. Thus, appeal allowed.

Litigant not permitted to blame advocate for delay in filing of appeal: ITAT Jaipur

January 16, 2025 405 Views 0 comment Print

ITAT Jaipur held that the litigant cannot be permitted to throw the entire blame on the head of the consultant or Advocate and disown himself or herself at any time to seek relief for condonation of delay. Accordingly, cost imposed for procedural delay.

Allahabad HC directs State GST Dept Not to Act on Years Already Assessed by Central GST

January 16, 2025 837 Views 0 comment Print

Allahabad High Court directs State GST to halt assessments for years already acted upon by Central GST, ensuring non-duplication in tax investigations.

GST Appeal cannot be treated as non-maintainable for Shortfall in Fee Payment

January 16, 2025 603 Views 0 comment Print

The Punjab and Haryana HC ruled that appeals cannot be dismissed as non-maintainable solely due to delayed fee payment; a chance must be given to rectify deficiencies.

Commissioner can Conduct GST Audits Without Restrictions on Frequency or Time

January 16, 2025 1662 Views 0 comment Print

Punjab & Haryana High Court dismissed Mag Filter’s petition challenging CGST audit for FY 2017-22 despite earlier proceedings under Section 73 of CGST Act.

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