Gujarat AAR rejects rice husk board’s wood classification. Lack of documentation & test report issues lead to non-maintainable ruling.
GST AAR Gujarat rules that goods supplied under fraudulent orders qualify as supply under IGST Act, even if payment was not received. Read the full legal analysis.
8% deemed profit rate as specified u/s 44AD is not a fixed standard & may vary depending on nature of business – Reduces profit margin on milk sales from 8% to 3%
Madras High Court directed to consider Section 16(5), inserted vide Section 118 of the Finance (No. 2) Act, 2024, for Input Tax Credit claimed beyond period stipulated u/s. 16(4) of the GST Act. Thus, writ disposed of accordingly.
Telangana High Court held that non-consideration of objection while passing order is breach of principles of natural justice and accordingly the order is liable to be set aside and matter is remitted back to original authority to re-hear and pass fresh order.
In Peter Vaz vs CIT, Bombay HC rules ITAT erred in barring Sec 153C challenge & refusing delay condonation. Cites Rule 27, Balakrishnan (SC). Matter remanded.
Gujarat High Court held that re-opening of assessment solely relying upon information made available on the insight portal, without forming any independent opinion, is unsustainable in law and hence liable to be quashed.
ITAT Jaipur held that reasons recorded for selecting case for scrutiny never mentioned that case was selected for limited scrutiny hence approval for conversion not required. Matter remanded to CIT(A) to decide case based on merits.
ITAT Delhi held that rejection of claim of exemption under section 11 of the Income Tax Act for mere non-fling of Form 10B is not justifiable since filing of Form 10B is directory in nature and the same cannot be reason to deny benefit.
ITAT Pune upholds denial of Section 54F deduction. Assessee’s house construction predates asset sale, violating time limits.
