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CESTAT orders without reasons are not sustainable: SC

March 6, 2025 600 Views 0 comment Print

The Supreme Court set aside the Tribunal’s order in Commissioner of Customs Vs. Lucky Steel Industries, citing lack of reasoning, and remanded the case for fresh consideration.

Section 10AA deduction Cannot Be Denied for Late Return in Absence of Explicit Filing Requirement

March 6, 2025 933 Views 0 comment Print

ITAT Delhi rules in favor of Arvind Kumar Agarwal, allowing Section 10AA deduction despite late return filing. Tribunal highlights absence of mandatory filing clause.

Lower Tax Rate Cannot Be Denied for Delay in Filing Form 10IC: ITAT Ahmedabad

March 6, 2025 1395 Views 0 comment Print

 ITAT Ahmedabad rules on Aprameya Engineering’s appeal against tax rate denial under Section 115BAA due to delayed Form 10-IC filing. Judicial precedents examined.

CGST Act Permits Fresh GST Registration Despite Previous Cancellation: Delhi HC

March 5, 2025 1482 Views 0 comment Print

CGST Act does not disentitle or render assessee ineligible to apply for GST registration afresh After Cancellation: Delhi HC in Salwa Foods Proprietorship Mr. Amaan Sheikh Vs Commissioner of Central Goods and Services Tax

No Penalty for mere mention of Incorrect Place of Shipment in E-way Bill

March 5, 2025 3045 Views 0 comment Print

Allahabad High Court rules in favor of Zhuzoor Infratech, quashing GST penalty due to a technical e-way bill error, citing precedent from Sun Flag Iron & Steel.

Logistics Services in Mining Areas are Ancillary services, Not Mining services

March 5, 2025 714 Views 0 comment Print

CESTAT Kolkata held coal transportation within mines by BLA Infra-GKMWPL JV taxable under transportation, not mining services. Service tax demand overturned.

Grant of bail in fraudulent ITC availment case due to Trial delay and assured payment

March 5, 2025 789 Views 0 comment Print

No goods had been sold, and forged bills were prepared. Furthermore, no vehicles had passed through toll plazas, and no registration numbers were available. On appeal.

CBDT Circular Cannot Override Statutory Provisions by Prescribing Limitation Period Absent in Income Tax Act

March 5, 2025 1455 Views 0 comment Print

The writ petitioner impugns the order dated 27 March 2018 in terms of which the respondent has come to reject applications filed by it seeking refund of excess tax wrongly deducted and deposited u/s. 195 of the Income Tax Act, 1961.

Reopening u/s. 147 based on communication without independent application of mind is invalid

March 5, 2025 942 Views 0 comment Print

Delhi High Court held that reopening of an assessment under section 147 of the Income Tax Act merely on the basis of communication from ACIT, without independent application of mind, is invalid and liable to be set aside.

Dismissal of appeal merely on account of non-prosecution not justified: ITAT Raipur

March 5, 2025 807 Views 0 comment Print

ITAT Raipur held that dismissal of appeal by CIT(A) without disposing off on merits, merely on account of non-prosecution is unjustifiable. Accordingly, order set-aside with direction to dispose off on merits.

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