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Judiciary

Non-application of mind to legal issues justifies revisionary action u/s. 263

January 24, 2025 225 Views 0 comment Print

Thereafter, PCIT called for the assessment records and examined the proceedings. CIT(A) after going through the case records and assessment records took a view that the order passed by the AO is erroneous and prejudicial to the interest of revenue.

ITAT Quashes Section 271(1)(c) Penalty for Non-Strike of Limb in Notice & Admission of Substantial Question of Law

January 24, 2025 486 Views 0 comment Print

ITAT Mumbai quashes penalties under Section 271(1)(c) for three assessees due to defective notices and debatable issues in light of Bombay High Court precedents.

Revenue Cannot compel Assessee to Spread Fees for NCDs; Section 14A disallowance Limited to Exempt Income

January 24, 2025 480 Views 0 comment Print

Revenue cannot compel Assessee to spread upfront fees and brokerage fees for issuing non-convertible debentures over two years for which non-convertible debentures were issued

Penalty u/s. 129(3) of CGST Act deleted as non-registration of additional place of business is procedural irregularity

January 24, 2025 513 Views 0 comment Print

Madras High Court held that e-way bill containing address of additional place of business which is not registered under GST is only procedural irregularities hence imposition of penalty under section 129(3) of the CGST Act, 2017 is liable to be set aside.

Coordinated Investigation: Bombay HC Upholds Transfer of Group Cases from Mumbai to Delhi

January 24, 2025 534 Views 0 comment Print

Bombay High Court dismisses petition challenging case transfer of Laxminath Investment to Delhi under Section 127(2), citing valid reasons and procedural compliance.

Calcutta HC set aside cancellation order, allows petitioners to file outstanding GST returns & pay dues

January 24, 2025 138 Views 0 comment Print

Calcutta High Court quashes GST registration cancellation, allowing restoration upon compliance. Review key judgments and implications in the C.P. George case.

Section 54F Exemption Allowed Despite Wife’s Name on Property Title; ITAT Deletes Addition of ₹168.55 crore unexplained cash credit

January 24, 2025 7002 Views 0 comment Print

ITAT Mumbai upholds CIT(A)’s decision favoring Jay Bharat Mehta, rejecting unexplained cash credit addition and affirming Section 54F deduction eligibility.

Business continuity crucial for tax recovery: HC quashed GST Registration cancellation order

January 24, 2025 135 Views 0 comment Print

Calcutta High Court overturns GST cancellation for non-filing, allowing restoration upon compliance. Key directives and implications in Bengal Co-operative case.

Furnishing Reasons at Fag End & Hasty Reassessment Proceedings Unconstitutional: Bombay HC

January 24, 2025 897 Views 0 comment Print

Bombay High Court invalidates reopening notice and assessment order against Jayant Avinash Dave, citing procedural lapses and unreasonable decision-making.

Gurugram CJM Court declares arrest by GST Officer as illegal

January 24, 2025 2418 Views 0 comment Print

The Gurugram CJM Court deemed the arrest of Yogesh Gupta by a GST officer illegal, citing non-compliance with procedural laws under the CrPC and BNSS Act.

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