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Judiciary

No addition of Rs. 179 Cr as share of profit from LLP was exempt in hands of assessee-partner

January 2, 2025 465 Views 0 comment Print

Assessee was a medical professional, filed his returns for the Assessment Year (AY) 2018-19. The appeal concerned an addition of over Rs. 179 crore made by AO under section 68 alleging unexplained cash credits in the assessee’s hands.

Refund of Voluntary GST Deposit Cannot Be Rejected Due to Limitation: Gujarat HC

January 2, 2025 6696 Views 0 comment Print

Gujarat High Court directs refund of Rs. 40,00,000 GST deposit made by mistake, ruling that limitation cannot apply but interest is not eligible.

Late Fee Waiver under GST Notification 07/2023 Granted despite filing of return before cut-off date

January 2, 2025 1965 Views 0 comment Print

It would be unjust to deny benefit to petitioner merely because petitioner filed return prior to the issuance of amnesty notification dated 31.03.2023, confined to amnesty only to those who filed return between 01.04.2023 and 30.06.2023.

Levy of 5% penalty by CCI u/s. 27 of Competition Act not unreasonable: NCLAT Delhi

January 2, 2025 402 Views 0 comment Print

NCLAT Delhi held that imposition of 5% penalty on average turnover/ receipt related to EWS by Competition Commission of India [CCI] under section 27 of the Competition Act, 2002 cannot be termed as unreasonable or excessive.

Withdrawal of application u/s. 12A of IBC before it is heard or allowed is permissible

January 2, 2025 882 Views 0 comment Print

CIRP against the Corporate Debtor commenced vide order dated 09.04.2024. On 17.04.2024, Resolution Professional issued public announcement calling upon creditors to submit their claims.

Addition towards entire bogus purchases not justified only gross profit to be considered

January 2, 2025 1008 Views 0 comment Print

AO, based on the information, found that both suppliers were subject to proceedings and were found guilty of economic offenses punishable under the relevant CGST Act, 2017, and KGST Act, 2017.

Entire cash deposits during demonetization cannot be considered as unexplained, 20% Addition Upheld

January 2, 2025 9648 Views 0 comment Print

Entire cash deposits made during demonetization could not be treated as unexplained credit and a reasonable addition of 20% of total cash deposit would be sufficient to avoid the possibility of revenue leakage.

Reassessment proceeding quashed as reasons for reopening doesn’t coincide with addition made

January 2, 2025 858 Views 0 comment Print

The notice u/s. 148A(b) of the Income Tax Act, 1961 was issued to the assessee, along with the notice reasons recorded for reopening assessment were also supplied to the assessee.

Transfer of assets of proprietary concern to succeeding company exempt as covered within section 47(xiv)

January 2, 2025 2100 Views 0 comment Print

Held that the shareholding of the assessee (voting right) has continued to remain not less than 50% as prescribed in clause (b) of proviso to 47(xiv) of the Act, even after issuing of new shares by the above said company.

25% Pre-Deposit was required for discrepancy In GSTR-3B and Form 26AS u/s 203AA of Income Tax

January 2, 2025 795 Views 0 comment Print

Assessee was registered under GST Act, had its original GSTIN cancelled in September 2018 and was later assigned a new GSTIN in September 2019. Assessee had filed its monthly returns in GSTR-1 and GSTR-3B through the common portal.

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