Kerala High Court held that provisions of section 250 of the Income Tax Act mandates Commissioner (A) to fix the date and place of hearing in the appeal and notice in that regard is required to be issued. Order issued in violation of procedure prescribed u/s. 250 is liable to be set aside.
Allahabad High Court applying the principle of indivisibility of a composite contract held that contract cannot be bifurcated to subject a part of the contract to higher TDS.
Jharkhand High Court held that relevant assessment year shall mean as assessment year (AY) preceding AY relevant to the previous year in which search is conducted or requisition is made which falls beyond Six AY but not later than 10 AY from the end of AY relevant to previous year in which search is conducted or requisition is made. Accordingly, notice u/s. 148 for AY 13-14 duly issued as search was conducted in AY 2023-2024.
Allahabad HC in Shree Krishna Traders vs. State of UP sets aside order on ITC dispute, remits to Revenue Department. Clarifies on GSTIN error in GSTR-1.
NCLT Ahmedabad held that before commencement of insolvency, the assets of the corporate debtor are stripped many a times by the management. The suspended management conceals the data from RP during CIRP process. Amount directed to be deposited with Corporate Debtor as the transaction is hit by provisions of section 43 of the Insolvency and Bankruptcy Code.
Kerala High Court Held that vehicle used for conveyance of contraband articles under the NDPS Act can be confiscated. But till the proceedings are concluded, there is no prohibition in releasing the vehicle under section 451 Cr. P.C after imposing stringent conditions. Accordingly, directed to release vehicle on furnishing of bank guarantee.
ITAT Mumbai held that the amount of interest u/s. 244A of the Income Tax Act is to be calculated by first adjusting the amount of refund already granted towards the interest component and balance left if any shall be adjusted towards the tax component.
Andhra Pradesh High Court held that an unsigned order cannot be covered under – any mistake, defect or omission therein as used in Section 160. Concluded that unsigned order is no order in the eyes of law.
ITAT Mumbai held that investment in NABARD Bonds beyond the specified time of six months cannot be considered for claiming exemption under the provisions of section 54EC of the Income Tax Act.
Madras High Court held that refund of inverted duty structure available u/s 54(3)(ii) of the GST Act even when the supplier has inadvertently charged higher rate i.e. 18% instead of applicable rate i.e. 5%.
