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Judiciary

Tax Authority Cannot Use Surrendered PAN for Reassessment: Gujarat HC

November 27, 2025 507 Views 0 comment Print

Court emphasizes procedural compliance in PAN usage, quashing notice and order issued under surrendered PAN and ensuring proper reassessment steps.

TDS on Consulting Doctors Must Be Under Section 194J, Not Section 192: ITAT Cochin

November 27, 2025 759 Views 0 comment Print

ITAT Cochin upheld that hospital payments to consulting doctors are professional fees under Section 194J, rejecting Revenue’s claim for salary TDS under Section 192.

Assessment Quashed for Non-Issuance of Mandatory GST Notice in DRC-01A

November 27, 2025 1056 Views 0 comment Print

The Andhra Pradesh High Court invalidated GST assessments where notices under Rule 142(1A) were not issued before assessment, emphasizing mandatory compliance prior to Oct 2020.

Penalty under Section 129(1)(a) When Valid E-Way Bill & Invoice Accompany Goods

November 27, 2025 612 Views 0 comment Print

High Court quashes penalty computed under Section 129(1)(b) and directs reassessment under Section 129(1)(a) where goods were accompanied by valid documentation.

ITAT Mumbai: Corrigendum Cannot Cure Defective Section 148 Notice

November 27, 2025 474 Views 0 comment Print

ITAT Mumbai invalidated the reassessment for AY 2008-09 because the notice under section 148 was issued after the statutory limitation period and contained a clerical error in the assessment year. The ruling underscores the necessity of strict procedural compliance for reassessment.

GST Penalty Appeal allowed Despite Delay with Partial Pre-Deposit: Madras HC

November 27, 2025 621 Views 0 comment Print

Madras High Court permits a delayed appeal against GST penalty order, provided 25% of disputed tax and interest on belated payment are deposited, emphasizing conditional relief.

Ex-Parte GST Order Set Aside Due to Lack of Opportunity for Reply and Hearing

November 27, 2025 588 Views 0 comment Print

 The Court remanded the matter after finding that the taxpayer had not filed a reply or received a proper hearing before the order was passed. The adjudicating authority must reconsider the case after granting full opportunity.

Madras HC directs New PAN After CIBIL Damage from Duplicate PAN

November 27, 2025 468 Views 0 comment Print

The Court directed issuance of a new PAN after a duplicate allotment caused the petitioner’s financial record to be linked to another person’s loan defaults.

Attachment of property to be lifted as entire arrears already paid as per ITAT’s order

November 27, 2025 459 Views 0 comment Print

Madras High Court held that order of attachment of immovable property is required to be lifted as recovery officer is bound to give effect to order of higher authority. Accordingly, since entire arrears is already paid as per order passed by ITAT.

Penalty Sustained Because Tax Paid Without Return Doesn’t Disclose Income Details

November 27, 2025 465 Views 0 comment Print

The Tribunal held that failure to file a return under section 139 or within the 148-notice deadline triggers Explanation 3, deeming concealment regardless of later tax payment. Penalty under section 271(1)(c) was sustained.

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