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Judiciary

Notice Issued Beyond Section 73(2) Time Limit is Invalid: Andhra Pradesh HC

February 13, 2025 3138 Views 0 comment Print

Andhra Pradesh High Court held that time permit set out under section 73(2) of the Central Goods and Services Tax Act [CGST Act] is mandatory and any violation of that time period renders show cause notice bad-in-law.

Baggage Rules doesn’t apply to jewellery worn in person: Madras HC

February 13, 2025 1686 Views 0 comment Print

Madras High Court held that the Baggage Rule, 2016 will apply only to the baggage and not to the jewellery worn in person. Accordingly, petition is allowed and confiscation order quashed.

Transfer of case u/s. 127 without granting personal hearing in bad-in-law: ITAT Raipur

February 13, 2025 921 Views 0 comment Print

ITAT Raipur held that order of transfer of case under section 127 of the Income Tax Act without granting opportunity of being heard to appellant is bad-in-law. Accordingly, matter restored back to file of CIT(A).

Order of Settlement Commission choosing one of two possible views cannot be interfered

February 13, 2025 609 Views 0 comment Print

Kerala High Court held that court cannot interfere with order of settlement commission if challenge is merely that Settlement Commission has chosen to take one of two possible views that can be legally taken in respect of an issue. Accordingly, writ disposed of.

Penalty u/s. 271B deleted as reasonable cause shown: ITAT Bangalore

February 13, 2025 1659 Views 0 comment Print

ITAT Bangalore held that penalty under section 271B of the Income Tax Act for delay in uploading audit report set aside as reasonable cause shown and there was only technical breach without any loss to exchequer of the Government.

Notice for evasion of GST by DGGI can be adjudicated by competent authority of GST

February 13, 2025 1305 Views 0 comment Print

Gujarat High Court held that the show cause notice issued for evasion of GST by DGGI shall be adjudicated by competent authority. Thus, there is no inherent lack of jurisdiction of competent authority. Hence, writ not entertained.

Order set aside as passed without giving adequate reasons for non-acceptance of defence

February 13, 2025 711 Views 0 comment Print

Telangana High Court held that passing of assessment order without considering the defence of the petitioner and without giving reasons for not accepting defence of the petitioner is liable to be set aside. Accordingly, directed to re-consider the matter.

Source of gift satisfactorily explained: ITAT deleted addition

February 13, 2025 705 Views 0 comment Print

In the matter abovementioned ITAT allowed the appeal of the assessee after deleting the addition made u/s 68 after observing the fact that assessee had filed relevent details during assesssment.

Indian AE Transactions at Arm’s Length, HC Says No More Attribution

February 13, 2025 753 Views 0 comment Print

Respondent/assessee is a Irish company. It accordingly claimed benefits of the India-Ireland DTAA. ADIR is a wholly owned subsidiary of Adobe Software Trading Company Limited and Adobe Systems Incorporated is the ultimate parent company of ADIR.

CA Accident Prevents Compilation, ITAT Pune Remanded case to CIT(A)

February 13, 2025 492 Views 0 comment Print

In the matter abovementioned ITAT allowed appeal of the assessee for statistical purpose by way of remand after considering that assessee was unable to submit details before CIT (A) due to unfortunate accident of CA.

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