Defective Section 274 Notices Invalidate 271AAB Penalty
ITAT Delhi quashed a penalty under Section 271AAB due to defective show-cause notices that failed to specify the exact statutory clause violated, violating principles of natural justice.
Latest court orders, judgments, and legal developments from Indian courts — AI-curated and summarized.
ITAT Delhi quashed a penalty under Section 271AAB due to defective show-cause notices that failed to specify the exact statutory clause violated, violating principles of natural justice.
ITAT Chennai allowed capital gains deduction under Section 54 for construction on a plot owned by the assessee's wife, provided construction was completed within three years and funds were traceable.
ITAT Lucknow held that issuing a Section 143(1) intimation after a scrutiny notice defeats the purpose of Section 143(1) and renders the adjustment invalid. The assessment based on it was set aside.
ITAT Delhi quashed reassessment proceedings where undisclosed investment in property was alleged solely based on ledger entries, holding that lack of buyer/seller status and absence of notice under Section 143(2) vitiated the proceedings.
ITAT Mumbai ruled that ₹6.80 crore spent on shutting down a paging business was capital in nature and not allowable as revenue deduction under Section 37(1) of the Income Tax Act. The assessment year was 2007.
Digital creators earning overseas income must file Export Declaration Forms (EDF) under FEMA rules effective 1 October 2026, aligning influencer income with formal forex reporting.
GSTAT Delhi directs real estate developer to pass on ₹31.20 lakh ITC benefit with 18% interest to homebuyers in violation of Section 18(1) obligations.
Telangana High Court permits delayed filing of GST appeals, granting two weeks for pre-deposit and condonation applications in several matters.
Allahabad HC quashes Section 74 fraud proceeding where notice was uploaded only on GST portal after registration cancellation.
Punjab & Haryana High Court strikes down retrospective cancellation of GST registration where show cause notice did not propose such action.
Madras High Court remands GST ITC denial on construction meant for leasing, directing re-adjudication in light of Safari Retreats’ precedent on commercial use.
The Gujarat High Court quashed a GST refund rejection where the show cause notice (SCN) cited only 'other' or 'error in adjusted total turnover' without specific grounds, holding such vague reasoning invalid.