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Judiciary

Payments at time of search cannot be construed as voluntary u/s. 74(5) of CGST Act

November 24, 2025 1041 Views 0 comment Print

Karnataka High Court held that payments made at the time of search cannot be construed as voluntary under section 74(5) of the Central Goods and Services Tax Act. Therefore, the petitioner is entitled for refund of the payments made in form DRC-03.

Bogus Purchase Addition Remanded as CIT(A) Ignored Books and Evidence

November 24, 2025 228 Views 0 comment Print

The Tribunal held that the CIT(A) erred by relying solely on an investigation report without examining books and invoices, and therefore sent the matter back for fresh consideration.

Audit assessment under Odisha VAT Act quashed as based on time-barred Audit Visit Report

November 24, 2025 606 Views 0 comment Print

Orissa High Court held that submission of Audit Visit Report beyond the prescribed time limit invalidates the entire audit assessment under Odisha Value Added Tax Act, 2004 [Odisha VAT Act]. Since notice is invalid, the Assessment Order, therefore, is insupportable.

80JJAA Deduction Allowed in Later 154 Order; Earlier Appeal Becomes Infructuous

November 24, 2025 687 Views 0 comment Print

The Tribunal held that once CPC allowed the 80JJAA deduction through a subsequent Section 154 order, the earlier rectification appeal no longer survived. The appeal was dismissed as academic, with a clarification that no extra deduction beyond what CPC allowed could be granted.

Penalty u/s 271(1)(c) Cannot Survive When Quantum Itself Is Remanded

November 24, 2025 1293 Views 0 comment Print

 ITAT held that penalty under Section 271(1)(c) cannot survive when the underlying addition is remanded, directing the AO to re-decide the penalty after the quantum order is finalized.

CIRP Ordered After Repeated Defaults on Short-Term Loan Above Threshold

November 24, 2025 636 Views 0 comment Print

NCLT admitted a Section 7 IBC petition after the borrower defaulted on a ₹13.5 crore loan and failed to appear despite multiple notices. The Tribunal held that debt and default were clearly established.

AO Cannot Replace DCF with NAV Simply Due to Projection Variances

November 24, 2025 504 Views 0 comment Print

The case examined whether the tax officer was justified in rejecting the assessee’s DCF-based share valuation under Section 56(2)(viib). The Tribunal held that once DCF is chosen, the AO cannot switch to NAV merely because subsequent financials differ from projections

Deduction u/s 80-O was allowable on Overseas Advisory Services rendered from India

November 24, 2025 540 Views 0 comment Print

Professional and technical advisory services rendered from India to foreign clients in connection with overseas securities offerings qualify for deduction under Section 80-O as there was coordinate Bench’s decision in the assessee’s own case for AY 1995-96

SC Upheld Decree as High Court Erred in Treating Delay as Bar to Execution

November 24, 2025 561 Views 0 comment Print

The Supreme Court held that the decree remained executable despite delay in depositing the balance sale consideration and ruled that the High Court exceeded its revisional powers. The executing court’s order was restored.

GSTR-3B vs 2A Mismatch: ITC Reversal Order Set Aside for Ignoring Mandatory Circular

November 24, 2025 2046 Views 0 comment Print

The Court held that an adjudication based solely on GSTR-3B and GSTR-2A mismatch cannot stand when the prescribed procedure under Circular 183/15/2022-GST is not followed. The matter was remanded for reconsideration.

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