ITAT Raipur held that Section 249(4)(b) applies only where advance tax was legally payable. In absence of taxable income and advance tax liability, dismissal of appeal was set aside and matter restored for decision on merits.
The Tribunal held that once the NCLT accepts a Resolution Plan and orders liquidation, the Revenue’s pending service tax appeal cannot survive and stands abated.
The Court quashed the TPO’s order after finding that copies of agreements relied upon were not supplied, holding that denial of such documents violated the taxpayer’s right to defend.
The Court directed refund of recovered GST demand, holding that recovery should not continue once appeal intention was intimated under Circular No. 224/18/2024-GST, subject to retention of statutory pre-deposit.
The Tribunal held that transfer took place in 2000 upon execution of a registered development agreement and receipt of full consideration, not in 2008 when the sale deed was executed.
The Court quashed assessment and appellate orders for denying exemption on technical grounds. It emphasised that appellate proceedings are a continuation of assessment and must rectify errors.
The Tribunal held that scholarship granted in Indian Rupees to an Indian student for study abroad is not expenditure outside India and restored the 12AB registration application.
The Tribunal held that notice under Section 143(2) issued by an ITO without jurisdiction under CBDT Instruction No. 1/2011 was invalid. The assessment was declared void ab initio, making the Revenue’s appeal infructuous.
The Court refused pre-arrest bail after noting admissions and central involvement in alleged GST evasion of over ₹20 crore. It held that economic offences require strict scrutiny and custodial interrogation may be necessary.
Holding that the GST Act prescribes separate assessment and limitation for each year, the Court quashed a notice combining multiple tax periods. Authorities were granted liberty to issue fresh notices in compliance with the Act.
