Category: Judgments

System generated notice cancelling GST registration is quashed and set aside by Allahabad High Court  System generated notice cancelling GST registration is quashed and set aside by Allahabad High Court holding that power lies with the officers and not with the system and notice which is system generated …

Allahabad High Court dismissed Patanjali challenge to GST penalty of more than 273 crores on charges of indulging in circular trading of paper tax invoices without actual supply of goods.  In a recent judgment, Allahabad High Court dismissed the challenge of Patanjali to GST penalty of more than …

Benefit of exemption u/s 11 cannot be denied, only because assessee misplaced and could not produce registration certificate issued u/s 12AA – ITAT  In a recent judgment, ITAT Jaipur held that benefit of exemption u/s 11 cannot be denied only because assessee could not place on record registration …

ITAT condoned delay of 346 days observing law and provisions are laid down to benefit both sides of litigation. In a recent judgment, ITAT Rajkot condoned the delay of 346 days in filing appeal observing that provisions of law have to be adhered strictly and that one cannot …

Negative blocking of Electronic Cash Leger – Supreme Court dismissed SLP of the GST Department challenging the order of Delhi High Court  In a recent judgment, Supreme Court has dismissed SLP of the GST Department challenging the order of Delhi High Court directing lifting of negative blocking of …

No fault in invoking Revisionary jurisdiction u/s 263 to direct AO to issue correct penalty notice by modifying the reassessment order – ITAT  In a recent judgment, ITAT Ahmadabad has held that the revisionary jurisdiction invoked u/s 263 by directing the Assessing Officer to issue correct penalty notice …

Agricultural land cannot be taken out of the purview of section 56(2)(x) of the Income Tax Act, 1961 (the Act) which uses the term “immovable property”.  In a recent judgment, ITAT Ahmedabad has held that agricultural land cannot be taken out of the purview of section 56(2)(x) of …

High Court declined to interfere with acquitting the assessee from prosecution u/s 278AA launched by Income Tax Department for non deposit of TDS within due dates.  In a recent judgment, Hon’ble Delhi High Court declined to interfere with Trial Court judgment acquitting the assessee from prosecution under section …

Limitation to issue notice 148 to legal representative do not apply from the first notice issued to deceased father  – Allahabad High Court In a recent judgment, Hon’ble Allahabad High Court has held that limitation to issue notice 148 of the Income Tax Act, 1961 to the legal …

Unless it is shown that money withdrawn from bank was utilized for some other purpose, no addition can be made merely because there was a time gap between a withdrawal and re-deposit of money In a recent judgment, the ITAT Allahabad has held that unless the Revenue can …