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Judiciary

No Deduction U/S 80IA Without Agreement With Govt/Authority: ITAT Mumbai

March 18, 2025 597 Views 0 comment Print

Assessee was specifically asked to justify its claim as the agreement had to be with (a) Central Government (b) State Government (c) Local Authority or (d) Statutory Authority and LMRCL did not fit in any of the four categories.

BoD’s Failure to Justify Dishonor of Cheques as Misconduct Leads to Remand for Reconsideration: Delhi HC

March 18, 2025 906 Views 0 comment Print

Appellant had approached this Court by way of the present intra Court appeal. It was held that BoD had failed to accord any reason as to how the mere act of dishonor of cheques issued by assessee would amount to misconduct.

Survey Findings of One Year Cannot Be Applied to Other Years: Delhi HC

March 18, 2025 1023 Views 0 comment Print

Delhi High Court held that reassessment under section 148 of the Income Tax Act entirely based on course of survey not sustainable and liable to be quashed. Further, survey in particular year cannot be extrapolated to other years.

Statutory Pre-Deposit Refund Cannot Be Denied as Time-Barred: Jharkhand HC

March 18, 2025 2559 Views 0 comment Print

Jharkhand High Court held that rejection of refund of statutory pre-deposit merely because refund application was filed beyond section 54 of the Income Tax Act not justified as refund of pre-deposit is vested right of an assessee.

Refund for Period Before 13.07.2022 Unaffected by Notification No. 9/2022-Central Tax: Gujarat HC

March 18, 2025 1842 Views 0 comment Print

The petitioner is inter-alia, engaged in the manufacture and sale of edible oil. According to the petitioner, the rate of tax on output supplies made by the petitioner exceeds the rate of tax on input supplies.

ITAT Ahmedabad Allows Deduction of GST Interest & Late Fees

March 18, 2025 1509 Views 0 comment Print

ITAT Ahmedabad upholds deduction of GST interest & late fees, ruling they are compensatory, not penal. Read the key observations & legal precedents cited.

Reassessment Beyond 10-Year Limit: HC Clarifies Scope of Finance Act, 2017 Amendments

March 18, 2025 2124 Views 0 comment Print

Madras High Court rules in A.R. Safiullah Vs ACIT, quashing a tax notice under Section 153A for AY 2009-10, citing statutory limits on search-based assessments.

Section 271(1)(c) Penalty Invalid if AO Omits Specific Reason for Imposition

March 18, 2025 1443 Views 0 comment Print

ITAT Visakhapatnam sets aside penalty on Malla Appalaraju under Section 271(1)(c) due to a defective notice, ruling it void ab initio.

GST Assessment Order Invalid Without Signature and DIN: AP HC

March 18, 2025 1518 Views 0 comment Print

Andhra Pradesh High Court invalidates GST order due to missing officer signature and DIN, citing precedent. Fresh assessment permitted under proper procedure.

Word Annual Denotes 12 Months: ITAT Clarifies Rule 8D(2)(ii) Calculation Methodology

March 18, 2025 978 Views 0 comment Print

ITAT Mumbai rules on Radiant Life Care’s appeal against disallowance under Section 14A of the Income Tax Act. Key interpretation of Rule 8D(2)(ii) discussed.

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