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Judiciary

JAO can issue Section 148 notice after Section 132 search: Gujarat HC

March 4, 2025 3405 Views 0 comment Print

Gujarat High Court rules that a jurisdictional assessing officer cannot override the faceless assessment scheme under Section 151A of the Income Tax Act.

AP HC Sets Aside GST Assessment Order due to lack of signature & DIN

March 4, 2025 912 Views 0 comment Print

Andhra Pradesh High Court invalidates GST assessment order due to lack of an official signature and DIN, citing Supreme Court and prior High Court rulings.

Gujarat HC Allows GST Refund Despite Time Bar Limitations

March 4, 2025 1695 Views 0 comment Print

Gujarat High Court rules in favor of Gujarat State Police Housing Corp, allowing a GST refund despite exceeding the two-year statutory time limit under CGST Act.

Baggage Rules Have Limited Application to Foreign Nationals: Delhi HC

March 4, 2025 801 Views 0 comment Print

Delhi High Court held that the Baggage Rules would have limited application to foreign nationals and as jewellery is part of personal effects, the detention of gold chain is liable to be set aside.

Section 270A Penalty Doesn’t Require Mens Rea Presence: ITAT Bangalore

March 4, 2025 1767 Views 0 comment Print

ITAT Bangalore held that that mens rea is not an essential condition for imposing penalties under civil acts. Penalty u/s. 270A of the Income Tax Act nowhere specifically refers necessity of presence of mens rea for levy of penalty. Accordingly, appeal of revenue allowed.

Ex-Parte Income Tax Order Violates Natural Justice Principles: Bombay HC

March 4, 2025 1737 Views 0 comment Print

Bombay High Court held that passing of ex-parte order without affording a reasonable opportunity of being heard to the assessee is against the principle of natural justice and accordingly, matter remanded to ITAT.

Reopening of assessment without fresh tangible material not sustainable: Bombay HC

March 4, 2025 903 Views 0 comment Print

Bombay High Court held that reopening of assessment without fresh tangible material based upon mere change of opinion is unsustainable in law. Accordingly, notice and consequential orders set aside.

Compassionate Appointments: Reserved for Genuine “Hand-to-Mouth” Cases – SC

March 4, 2025 1083 Views 0 comment Print

Employment on compassionate grounds had been evolved to help dependents, of our employees who die or become totally and permanently disabled while in harness, and to overcome the immediate financial difficulties on account of sudden stoppage of the main source of income. The employment under the ‘Scheme’ would be considered only if there were indigent circumstances necessitating employment to one of the dependents and the deceased employees service record was unblemished.

Delhi HC Advises Review of GST Notices & Orders Issued Before 16-01-2024

March 4, 2025 6006 Views 0 comment Print

Delhi High Court directs tax authorities to review show-cause notices uploaded before 16 January 2024 and develop remedial measures within two weeks.

100% Disallowance of Bogus Purchases Mandated when source not explained: Bombay HC

March 4, 2025 8415 Views 0 comment Print

Bombay High Court upholds AO’s addition for unverified bogus purchases in PCIT vs. Kanak Impex. Decision based on Section 69C and apex court precedents.

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