Madras High Court in R.R. Overseas vs. Commissioner of Customs affirmed that the mandatory 7.5% pre-deposit under Section 129E of the Customs Act cannot be waived solely because an appellant’s bank account has been frozen by the department. The court directed the appellant to make deposit to revive their customs appeal.
Tribunal held that an assessee cannot be penalized for delay caused by professional negligence of counsel, following Supreme Court precedent in Rafiq v. Munshilal, and remanded the case for verification of double addition due to audit reporting error.
The ITAT Ahmedabad rules that an assessment framed on a dissolved firm is not automatically void if the Assessing Officer (AO) was not notified of the dissolution. The case, Krishna Enterprise Vs ITO, involved a firm dissolved in 2016, a subsequent ex-parte assessment, and issues of non-compliance and alleged double taxation, leading to the matter being restored for re-adjudication.
The ITAT Mumbai ruled in ACIT Vs Deluxe Recycling India Private Limited that the increase in the safe harbour limit from 5% to 10% for the difference between stamp duty value and actual consideration under Section 56(2)(x) is curative and retrospective. The Tribunal dismissed the Revenue’s appeal, deleting an addition, and restored the issues of depreciation and rent disallowance to the Assessing Officer for de novo verification.
Finding that ₹5.60 crore in investments and ₹5.76 crore in loans were funded through traceable, documented sources, the ITAT deleted both additions. The judgment reinforces that assessments must rely on verified financial evidence.
Allahabad High Court disposes of Shree Dev Builders’ petition seeking waiver of GST interest and penalty, directing compliance with assessment and appellate remedies.
ITAT Kolkata sets aside ₹1.86 Cr tax addition, ruling that CIT(A) must pass a reasoned order on merits and cannot merely uphold the AO’s view or dismiss an appeal for non-compliance.
Summary of the Bombay High Court judgment where a charitable trust’s oversight in e-verifying its Form 10B was considered a human error and the delay was condoned, securing its Section 11 income tax exemption for A.Y. 2017-18.
ITAT Pune deletes ₹14 lakh cash deposit addition during demonetization, ruling that retaining cash from duly accounted sources for a long period is not grounds for suspicion.
The Delhi High Court, in Purshottam Ray vs CGST, rejected a writ challenging a massive GST demand in a bogus invoice scam, directing the petitioner to file a delayed appeal.
