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Judiciary

Delhi HC Limits Retrospective GST Registration Cancellation to date of SCN

September 26, 2024 465 Views 0 comment Print

Delhi HC rules GST cancellation order invalid for retrospective effect. Prospective from SCN date. Order passed without proper hearing violates natural justice.

Karnataka HC dismisses Income Tax appeal due to non-prosecution

September 26, 2024 423 Views 0 comment Print

Karnataka High Court dismisses Tayana Consult Pvt Ltd’s appeal due to non-prosecution, following ITAT’s decision in related tax assessments.

No Section 270A Penalty on Estimation-Based Disallowances

September 26, 2024 2577 Views 0 comment Print

ITAT held that disallowances based on estimations do not constitute underreporting of income and thus are not grounds for a penalty under Section 270A.

Section 50C applies only to sellers and not to buyers: ITAT Ahmedabad

September 26, 2024 6321 Views 0 comment Print

ITAT Ahmedabad rules that Section 50C applies to sellers, not buyers, and clarifies the retrospective effect of Section 56(2)(vii)(b) on property transactions.

AO Cannot Make other Additions in Reassessment if No Addition on Recorded Issue

September 26, 2024 1374 Views 0 comment Print

ITAT Kolkata quashes DCIT’s reassessment of Ganesh Steel for AY 2012-13 due to jurisdictional errors and invalid addition of bogus purchases under Section 69C.

3.25% Property Valuation Variation Within 10% Limit Under Section 56(2)(x)

September 26, 2024 1470 Views 0 comment Print

ITAT Mumbai ruled in favor of Jitendra Vanigota, deleting the ₹595,000 addition under Section 56(2)(x) for AY 2020-21. Learn more about the case details and judgment.

GST Authorities Can’t Bypass GST Act by Invoking IPC for Fake ITC Claims

September 25, 2024 1095 Views 0 comment Print

GST authorities could not invoke penal provisions under the Indian Penal Code ( IPC ) without applying the corresponding penal provisions under the GST Act, 2017 especially when the allegations of issuing fake invoices to avail input tax credit ( ITC ) fraudulently fall under the scope of the GST Act.

Proper Authority Must Specify Infraction for Tentative Denial of Preferential Duty treatment

September 25, 2024 537 Views 0 comment Print

Proper officer under Customs Act could  detain the goods or stall the process of importation, without forming a requisite opinion in support of a suspicion that he had regarding the issue of Country-Of-Origin (COO) certificate or the origin of the imported articles.

Specific Chapter & Section Notes Take Precedence Over General in AC Remote Component Reclassification

September 25, 2024 1035 Views 0 comment Print

Reclassification of AC remote components made by assessee was accepted as specific Chapter Notes and Section Notes were to be preferred over General Interpretative Rules while classifying product.

Custodian liable to pay duty on goods pilfered while in custody: Delhi HC

September 25, 2024 918 Views 0 comment Print

Delhi High Court held that section 45(3) of the Customs Act provides that the custodian of the imported goods having been in custody is liable to pay duty in case they are pilfered while in custody. Accordingly, customs duty and penalty rightly levied.

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