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Judiciary

Appeal Window Extended as SC Declines to Interfere in ITC Fraud Proceedings

December 12, 2025 552 Views 0 comment Print

The Court noted that the writ petition challenging alleged fraudulent ITC was dismissed but allowed additional time to pursue a statutory appeal. The ruling permits the appeal to be filed without being treated as time-barred.

Attachment Order Lapses After One-Year Limit Under GST Law: Delhi HC

December 12, 2025 417 Views 0 comment Print

The Court held that a provisional attachment order under Section 83 ceases to operate after one year. As the order had expired, the bank and Sub-Registrar were directed not to restrict transactions.

Gujarat HC Upheld GST Refund Rejection Due to Delay After Deficiency Memos

December 12, 2025 687 Views 0 comment Print

The Court examined whether rectified refund applications filed after deficiency memos remained within the two-year limit. It held that the authority acted as per prevailing rules and the claim was time-barred.

Improvement Cost Allowed as Property Was Semi-Constructed at Purchase

December 11, 2025 717 Views 0 comment Print

The Tribunal held that the assessee proved substantial upgrades to a semi-constructed house using bills and contractor records. It allowed the ₹4.05 crore indexed improvement cost, rejecting the AO’s suspicion-based disallowance.

ITAT Raipur Quashes Assessment as Void Ab Initio for Absence of Mandatory Transfer Order under Section 127

December 11, 2025 912 Views 0 comment Print

The Tribunal held that the assessment was void because jurisdiction shifted between officers without a mandatory transfer order. It reaffirmed that proceedings without statutory jurisdiction are null and void.

Input Tax Credit Eligible Though Supplier Failed to File GSTR-1: Gauhati HC

December 11, 2025 7395 Views 0 comment Print

ITC cannot be mechanically denied to purchasers even if invoices are missing in GSTR-2B. Key takeaway: the ruling safeguards taxpayers paying GST in good faith.

ITAT Delhi Quashes Additions Made Beyond Limited Scrutiny Scope

December 11, 2025 939 Views 0 comment Print

The Tribunal held that the AO cannot expand a limited scrutiny into full scrutiny without written approval from the Principal CIT. Additions under Sections 2(22)(e) and 69A were struck down, reaffirming that CBDT instructions are mandatory.

Freight Reimbursements not Taxable as Income: ITAT Deletes Rs. 2.14 Crore Addition

December 11, 2025 456 Views 0 comment Print

The Tribunal held that freight amounts collected and passed on to airlines are mere reimbursements, not income. Only the assessee’s service margin is taxable.

Payment for International Private Leased Circuits not royalty hence disallowance u/s. 40(a)(i) not justified

December 11, 2025 435 Views 0 comment Print

Madras High Court held that payment made for International Private Leased Circuits [IPLC] doesn’t constitute royalty within the expression provided under clause (iva) to Explanation 2 to section 9(1)(vi) of the Income Tax Act. Hence, disallowance u/s. 40(a)(i) of the Income Tax Act not sustained.

Conviction u/s. 7 and 13 of PC Act not sustained as demand of illegal gratification not proved

December 11, 2025 549 Views 0 comment Print

Bombay High Court held that conviction under section 7 and section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 [PC Act] without cogent evidence to prove demand of illegal gratification cannot be sustained. Accordingly, appeal allowed.

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