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Judiciary

CESTAT Mumbai quashes order on royalty inclusion in import valuation

February 14, 2025 111 Views 0 comment Print

CESTAT Mumbai sets aside an order adding royalty to import valuation, citing jurisdictional issues and lack of finalized assessments. The tribunal emphasizes the need for proper determination of duties under the Customs Act.

Survey Statement Not Sole Basis for Income Addition: ITAT Mumbai

February 14, 2025 219 Views 0 comment Print

ITAT Mumbai allows Hotel Deepak’s appeal, holding that a survey statement u/s 133A can’t be the sole basis for income addition when discrepancies exist and expenses are substantiated. The tribunal cites a prior similar ruling.

Personal funds were utilized to conduct transactions on NSEL platform: ITAT deleted addition

February 14, 2025 87 Views 0 comment Print

In the matter aforementioned ITAT deleted addition made on account of Client Code Modification after observing that assessee utilized its own funds to conduct transactions on NSEL platform and the profits from such transactions have already been offered to tax.

Section 143(1) Adjustment Infructuous After 143(3) Scrutiny Assessment

February 14, 2025 378 Views 0 comment Print

ITAT Mumbai rules that a Section 143(1) adjustment becomes infructuous once a regular assessment under Section 143(3) is completed, especially if the returned income is accepted as the assessed income.

Gujarat HC stays coercive action over GST on royalty payments

February 14, 2025 213 Views 0 comment Print

Gujarat HC stays coercive action over GST on royalty payments for quarry leases under the Gujarat GST Act, pending related petitions.

No Transfer Under Section 2(47) for Immovable Property Contract Without Consideration

February 14, 2025 123 Views 0 comment Print

In the recent ruling HC of Telangana have held that assessee is eligible to claim capital gain after observing that the possession of the immovable property has not been handed over to the developer as contemplated u/s 53A of the Transfer of the Property Act, 1882.

Simultaneous Probes by DGGI & State GST Authority on same issue Not Allowed: Delhi HC

February 14, 2025 306 Views 0 comment Print

Delhi High Court sets aside GST demands on Metalax Industries, ruling that parallel proceedings by State GST and DGGI cannot proceed simultaneously.

ITAT Ahmedabad Condones Delay, Remands Section 69A Case

February 14, 2025 462 Views 0 comment Print

ITAT Ahmedabad condones a 340-day delay in an appeal on unexplained cash deposits under Section 69A and remands the case for fresh adjudication.

GST Appeal Availability Doesn’t Automatically Bar Section 108 Revision: Allahabad HC

February 14, 2025 375 Views 0 comment Print

Allahabad High Court quashes a GST revision order, finding it contradictory and unclear. The court clarifies the maintainability of revisions under Section 108 of the CGST Act, emphasizing that the mere availability of an appeal doesn’t bar a revision.

ITAT Mumbai Quashes CIT(A) Order Against HPCL for Non-Compliance with Tribunal Directives

February 14, 2025 222 Views 0 comment Print

ITAT Mumbai quashes CIT(A)’s order dismissing HPCL’s appeal, citing non-compliance with prior tribunal directives. The case involves interest on refunds and the now-defunct Vivad Se Viswas Scheme. The tribunal mandates a fresh hearing on the merits of the case.

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