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Judiciary

Appeal couldn’t be rejected based on non-compliance u/s 129E of Customs Act

January 11, 2025 684 Views 0 comment Print

Hence, the matter need to be remanded to Commissioner (A) to decide the issue on merit. At this stage, the issue was pending for more than 10 years, therefore, a timeframe was necessary for disposal of the appeal.

No effective service of notice and order: Allahabad HC remanded matter

January 11, 2025 1254 Views 0 comment Print

No notice GST DRC-01A was served upon the assessee hence he could not make a reply. Petitioner became aware only after when order was uploaded on the tab “view additional notices and orders”.

Reminder and demand order uploaded under wrong tab on GST portal: HC set-aside order

January 11, 2025 1239 Views 0 comment Print

In the matter abovementioned writ petition, challenging the impugned order creating demand u/s 73 GST, after observing that reminder and order was uploaded on ‘Additional Notices and Orders’ Tab instead of ‘Due Notices and orders’.

Documents of exempted e-way bill not produced: Madras HC remanded matter

January 11, 2025 1080 Views 0 comment Print

In a recent ruling Hon’ble Madras HC allowed writ petition by observing that petitioner that consolidated amount was related to invoice bills which are less than Rs. 1 Lakh and hence are exempted.

One Time Settlement request cannot be entertained by sole financial creditor post initiation of CIRP: Telangana HC

January 11, 2025 1164 Views 0 comment Print

Telangana High Court held that sole financial creditor cannot entertain request of One Time Settlement once corporate debtor enters in Corporate Insolvency Resolution Process (CIRP). Accordingly, petition dismissed.

Information uploaded by investigation wing doesn’t amount to handing over of material to AO: Delhi HC

January 11, 2025 2694 Views 0 comment Print

Delhi High Court held that uploading of information by the investigation wing of the Income Tax department would not be a substitute for recording of a satisfaction note by the AO of searched person for handing over material to AO of person other than searched person.

Service of Customs notice via e-mail necessary to prevent improper service to parties: Delhi HC

January 11, 2025 1314 Views 0 comment Print

Delhi High Court held that in order to avoid improper service to parties and to avoid ex-parte proceedings, it is incumbent that service of notices ought to be effected even through email and on the common portal, in addition to the traditional methods as per Section 153.

Separate application for compounding of Income Tax offences by co-accused permissible: Delhi HC

January 11, 2025 723 Views 0 comment Print

Delhi High Court held that co-accused permitted to apply separately for compounding of offences committed by a Company or HUF. Accordingly, matter remitted back to decide afresh in light of CBDT circular dated 17.10.2024.

Maintenance of books not required for filing ITR u/s 44AD-ITAT set-aside order u/s 263

January 11, 2025 19896 Views 0 comment Print

It was argued on behalf of assessee that PCIT is wrong in concluding that return filed u/s 44AD did not envisage the maintenance of any Books of Accounts. Section 68 can be invoked only if there is any entry in the Books of Accounts.

First Day Excluded; One-Day Delay Not Considered Delay in Filing: ITAT Visakhapatnam

January 11, 2025 3102 Views 1 comment Print

ITAT restores gratuity addition matter to CIT(A) in Vaddadi Madhusudana Rao’s appeal despite 1-day delay in filing the appeal.

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