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Judiciary

No denial of registration to Trust u/s 12AB if it was engaged in Fund-Raising activities

January 13, 2025 1158 Views 0 comment Print

Denial of registration under section 12AB to a trust engaged in fund-raising activities was not correct as one-time fund raising programme carried out by assessee-trust was not an organized activities in the nature of business akin to selling of lottery tickets.

Refund of Extra Duty Deposit should be provided automatically without requiring separate refund application

January 13, 2025 1446 Views 0 comment Print

Refund of Extra Duty Deposit ( EDD ) was not subject to the limitation under Section 27 of the Customs Act, 1962, and should be returned upon finalization of provisional assessments without requiring a formal refund claim.

No Penalties for Not Filing Transshipment Bill as Clearance Remains Valid

January 13, 2025 432 Views 0 comment Print

Failure to file a transshipment bill was deemed a technical lapse and it did not invalidate the clearance granted by customs. . Tribunal held that imposing duty demands and penalties in this matter lacked merit and legal basis.

Appeals were abated post RP approval by NCLT under IBC as it became non-est in law

January 13, 2025 786 Views 0 comment Print

Any orders passed beyond Tribunal’s vested powers would be non-est in law (invalid) and that these appeals had become infructuous due to the resolution plan’s approval, with no further issues for adjudication.

Tribunal set aside order ₹10,000 Cost on Revenue as CIT(A) dismissed appeal as time-barred despite extended deadline

January 13, 2025 744 Views 0 comment Print

CIT(A) without looking into the merits of the case and detailed submissions filed by assessee also without considering the CBDT Circular No. 20/2016 dismissed the appeal as time barred. Thus for the casual attitude of the Revenue in dismissing the appeal twice was liable to pay a cost of Rs. 10,000/- to the assessee to meet the ends of justice.

DRP Directions Binding Once Uploaded: AO’s Timeline U/s. 144C(13) Clarified

January 13, 2025 2178 Views 0 comment Print

Telangana HC examines Rapiscan Systems’ challenge on Income Tax assessment delays and statutory compliance in the 2018-19 and 2019-20 fiscal years.

CHimachal Pradesh HC Validates Late Fee Waiver for GSTR-9 & 9C Returns

January 13, 2025 1014 Views 0 comment Print

Himachal Pradesh HC rules that late fee waiver under Notification No. 07/2023 applies to GSTR-9 returns filed before the amnesty period, ensuring fair treatment for taxpayers.

Petitioner unable to appear before appellate authority due to medical treatment; HC grants one more opportunity

January 13, 2025 489 Views 0 comment Print

Writ petition was filed as petitioner could not appear before appellate authority as she was, being handicapped, was undergoing treatment when notices were sent to her. Due to which she could not represent his case before appellate authority.

Exemption u/s 11 & 12 denied ignoring extended date of filing: ITAT directed to consider extended date

January 13, 2025 522 Views 0 comment Print

In the matter abovementioned ITAT directed the CPC to consider the due date as extended by the CBDT for the purpose of claim of exemption under section 11 & 12 of the IT Act. Assessee, being a society, filed its ITR for AY 2018- 19 after due date on 29.10.2018 along with audit re-port. Due to which exemption u/s 11 & 12 was denied by CPC.

Two GST assessments were conducted for the same year; HC grants liberty to verify

January 13, 2025 579 Views 0 comment Print

Petitioner claimed that there are two assessment proceedings which were undertaken simultaneously for the very same period viz., 2019-20. The first proceeding commenced with the issuance of a notice dated 30.05.2023 in DRC-01A, followed by a Show Cause Notice in Form DRC-01 dated 18.07.2024 and culminated in an order dated 21.08.2024 wherein the proposal to reverse the Input Tax Credit was dropped.

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