The Tribunal held that deduction of tax under Section 194J cannot automatically classify receipts as professional income. Tax authorities must independently examine the nature of services before denying the benefit of Section 44AD. The matter was remanded for fresh assessment.
The Kerala High Court ruled that businesses could distribute common ITC through cross-charge without obtaining ISD registration before April 1, 2025. The decision quashed GST demand and penalty, emphasizing that mandatory ISD registration applies only prospectively.
The Mumbai ITAT held that no separate addition for alleged bogus purchases was warranted where contract receipts were accepted, substantial gross profit had already been disclosed, and there was no evidence of cash being returned to the assessee.
The Court held that retention of seized cash beyond six months is illegal if the extension order under Section 110(2) of the Customs Act is not communicated to the affected person within the statutory period. The ruling reinforces that procedural safeguards protecting taxpayers cannot be ignored.
Mumbai ITAT noted that the rejection of registration under Section 12AB solely due to the absence of an express irrevocability clause in the trust deed no longer survived after subsequent registration was granted.
Mumbai ITAT held that if part consideration for additional area was paid through banking channels before the agreement date, the assessee may claim the benefit of the provisos to Section 56(2)(x).
Mumbai ITAT held that an order labelled as a draft assessment order loses its character if accompanied by demand notices and penalty initiation. Failure to comply with Section 144C renders the assessment void and without jurisdiction.
The Telangana High Court declined to examine the merits of the GST assessment order and allowed the taxpayer to pursue the statutory appellate remedy. The Court clarified that the appellate authority should consider the delay condonation plea based on the reasons explained by the assessee.
The Telangana High Court declined to examine the merits of the GST demand but permitted the taxpayer to file a statutory appeal with a delay condonation application. The ruling highlights that appellate remedies remain available even where notices are claimed to have been discovered belatedly through the GST portal.
The Telangana High Court held that an order rejecting delay condonation without assigning reasons suffers from lack of application of mind. The key takeaway is that authorities must pass speaking orders while deciding applications for revocation of GST registration cancellation.
