ITAT Restores Demonetisation Cash Deposit Case for Fresh Rule 46A Examination The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) restored to the Commissioner of Income Tax (Appeals) [CIT(A)] an appeal involving an addition of Rs.16.50 lakh under Section 69A arising from cash deposits made during the demonetisation period. The Tribunal held that although…
ITAT Holds Business Turnover Cannot Be Treated as Unexplained Money Without Proper Verification The Income Tax Appellate Tribunal (ITAT) Bangalore held that where an assessee claims that bank deposits represent business receipts, the Assessing Officer must verify the explanation and supporting material before treating the entire deposits as unexplained money under Section 69A. The assessee…
87-Year-Old Taxpayer Filed Appeal 460 Days Late Due to Health Issues; ITAT Condones Delay and Restores Matter to CIT(A) The Income Tax Appellate Tribunal (ITAT) Mumbai held that principles of natural justice should override technical requirements. So, the ex parte order passed by the CIT(A) was set aside and the matter was remanded for fresh…
ITAT Directs CIT(A) to Condone Delay and Hear Appeal on Merits; Sets Aside Quantum and Penalty Orders The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) allowed three appeals filed by Kanubhai Laxmanbhai Rabari for statistical purposes and directed the Commissioner of Income Tax (Appeals) [CIT(A)] to condone the delay in filing the appeals…
ITAT Mumbai Remands Rs 71.20 Lakh Addition Against NRI And Directs Fresh Adjudication The Income Tax Appellant Tribunal (ITAT) Mumbai set aside the ex parte assessment order and restored the matter to the file of the Assessing Officer for fresh adjudication. The assessee is an NRI residing in the United States since 2012, and he…
Uttarakhand High Court Quashed GST Demand Order for Failure to Grant Personal Hearing The Uttarakhand High Court quashed the impugned order passed under Section 74 of the UK GST Act, as the assessee was not heard personally, violating Section 75(4) of the Act and principles of natural justice. The petitioner, Sunny Kumar, approached the Uttarakhand…
SC Upholds Natural Justice Requirement in GST Assessment Proceedings The Supreme Court, while dealing with the dispute involving M/s Surendra Prasad Yarlagadda, reaffirmed that tax adjudication under the GST regime cannot survive if the assessee is denied access to the foundational show cause notice and the Relied Upon Documents (RUDs). The matter arose from an…
Third-Party Software Entries Alone Cannot Justify Section 69 Addition: ITAT The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) on 15 May deleted an addition of Rs 16.05 lakh made under Section 69 of the Income-tax Act, 1961, holding that uncorroborated third-party digital data and general statements recorded during search proceedings cannot, by themselves,…
Delhi HC Quashes GST Order for Ignoring Taxpayer’s Detailed Reply, Calls It Non-Speaking and Violative of Article 14 The Delhi High Court on 11 May set aside a GST adjudication order against M/s Delhi MSW Solutions Limited after finding that the tax authorities failed to consider the detailed reply filed by the taxpayer in response…
GST Authorities Must Provide Hearing Before Rejecting Refund Claims: HC The Uttarakhand High Court on 8 May set aside a GST refund rejection order passed against M/s Viral Buildcon Pvt. Ltd., holding that the department violated the mandatory requirement of granting an opportunity of hearing before rejecting a refund application under the GST law. A…
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