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Judiciary

CCI proceedings cannot continue once settlement is reached: Delhi HC

December 17, 2024 570 Views 0 comment Print

Delhi High Court held that once the settlement is reached, the substratum of the proceedings itself no longer exists, thus Competition Commission of India [CCI] proceedings cannot continue and deserves to be disposed of.

Reopening of unabated assessment u/s. 153A without incriminating material is impermissible

December 17, 2024 1200 Views 0 comment Print

ITAT Kolkata held that in terms of block assessment under section 153A of the Income Tax Act, reopening of unabated assessment without any incriminating material found with respect to concerned assessment year is impermissible in law.

Non-access to GST portal resulted into non-response to GST notice hence directed to deposit 25% of disputed tax

December 17, 2024 324 Views 0 comment Print

Madras High Court held that assessee is directed to deposit 25% of the disputed tax amount since the assessee was unable to access GST portal and respond to the notice issued. Accordingly, appeal disposed of.

Order passed without providing personal hearing is against principles of natural justice: Madras HC

December 17, 2024 465 Views 0 comment Print

Madras HC held that passing of order without providing opportunity of personal hearing is against principles of natural justice. Accordingly, order set aside and directed to provide an opportunity to the Petitioner to establish their case on merits.

Addition of gift received from son solely relying on unverified newspaper unsustainable: ITAT Mumbai

December 17, 2024 579 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 towards amount received as gift from son not justified since addition is made in a baseless manner, solely relying on unverified newspaper reports. Accordingly, appeal of revenue dismissed.

Loss on fixed deposit investments is capital loss: Telangana HC

December 17, 2024 540 Views 0 comment Print

Held that the deposits made by the assessee were in the nature of fixed deposit investments. Therefore, the loss suffered by the assessee when the bank went to liquidation is only a capital loss.

SCN can be issued both under Section 73 and 74 of CGST Act: P&H HC

December 17, 2024 1956 Views 0 comment Print

P&H HC holds that issuing SCN under Section 73 and dropping proceedings doesn’t bar initiation of proceedings under Section 74 of the CGST Act.

Revocation of customs broker license without providing relied upon document not justified: CESTAT Delhi

December 17, 2024 546 Views 0 comment Print

CESTAT Delhi held that revocation of customs broker license without providing relied upon documents and statements by the Inquiry Officer is against the principles of natural justice and hence the order deserves to be set aside.

Madras HC directed to deposit 25% of disputed tax due to non-response to GST notice

December 17, 2024 309 Views 0 comment Print

Madras High Court held that since petitioner failed to respond to notice issued for mismatch between GSTR-3B and GSTR-2A and non-payment of interest, it is directed that opportunity to explain discrepancies will be granted on payment of 25% of disputed tax.

Settlement Commission cannot re-open the concluded proceedings u/s. 154: Madras HC

December 17, 2024 555 Views 0 comment Print

Madras High Court held that in terms of section 245I, the Settlement Commission cannot re-open its concluded proceedings by invoking section 154 of the Act so as to levy interest under section 234B of the Income Tax Act.

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