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Judiciary

Supreme Court Affirms HC Dismissal of GST Writ Petition

January 16, 2025 972 Views 0 comment Print

SC upholds HC’s refusal to entertain GST writ petition citing statutory remedy under Section 107 of CGST Act. Appellate authority urged to consider limitation factors.

BCD exemption benefit available on import of Digital Still Image Video Cameras: CESTAT Chennai

January 16, 2025 600 Views 0 comment Print

CESTAT Chennai held that benefit of Basic Customs Duty BCD under notification no. 25/2005 eligible in case of import of ‘Digital Still Image Video Cameras’. Accordingly, appeal allowed with consequential benefits.

ITAT Chennai Upholds Reassessment u/s 147 Based on Correct Understanding of Facts

January 16, 2025 459 Views 0 comment Print

ITAT Chennai held that initiation of proceedings under section 147 of the Income Tax Act confirmed by CIT(A) based upon correct understanding and appreciation of facts of the case vis-à-vis contemporaneous statute justifiable.

Seizure of share certificate not incriminating material hence addition deleted: ITAT Delhi

January 16, 2025 498 Views 0 comment Print

ITAT Delhi held that merely seizure of share certificate cannot be considered as incriminating material on its own unless other corroborative evidence are found during the search. Accordingly, appeal of the department dismissed.

ITAT restricts Demonetization Cash Deposit Addition to 10% Due to sufficient Cash Withdrawals

January 16, 2025 474 Views 0 comment Print

ITAT Surat held that addition towards cash deposited during demonetization restricted to 10% of total deposit since assessee fully substantiated the cash deposit showing sufficient withdrawal. Accordingly, appeal partly allowed.

Madras HC Directs 25% Payment for Personal Hearing in Fraudulent ITC availment Case

January 16, 2025 453 Views 0 comment Print

Madras High Court directed to grant an opportunity of being heard on payment of 25% of disputed taxes in the case of fraudulent availment of input tax credit on the basis of bogus invoices.

Section 148A(b) Doesn’t Require Mandatory 7 Working Days for Filing Response: Delhi HC

January 16, 2025 3693 Views 0 comment Print

Delhi High Court held that clause (b) of Section 148A of the Income Tax Act does not stipulate that the Assessee is required to be provided minimum of seven working days. Accordingly, petition held to be unmerited and hence disposed of.

Madras HC Directs 25% Pre-Deposit on Mismatch Between Form 26AS and GSTR-2B

January 16, 2025 660 Views 0 comment Print

Madras High Court held that GST demand on account of mismatch between Form 26AS and GSTR 2B is liable to be set aside on payment of 25% of pre-deposit. Accordingly, opportunity of being heard will be granted on payment of directed pre-deposit.

Order not falling under part II of IBC is not appealable u/s. 61: NCLAT Chennai

January 16, 2025 624 Views 0 comment Print

NCLAT Chennai held that order not falling under Part II of the Insolvency and Bankruptcy Code, 2016 [IBC] is not appealable under section 61 of the IBC and accordingly appeal dismissed as not maintainable.

Taxability of Surrendered Undisclosed Income u/s 115BBE Sent Back to AO for Re-Verification

January 16, 2025 585 Views 0 comment Print

ITAT Jaipur held that taxability of surrendered undisclosed income under section 115BBE of the Income Tax Act requires verification on the part of the AO. Accordingly, matter restored back to the file of AO.

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