Reopening Unjustified as No LTCG Exemption Was Claimed by Assessee; AO Acted on Incorrect Info from Investigation Wing: Calcutta High Court Ruling

In a significant ruling safeguarding taxpayer rights and reinforcing judicial scrutiny over reassessment proceedings, the Calcutta High Court in Vikas Rungta v. ITO quashed the reassessment initiated under Section 148 of the Income Tax Act, 1961. The Court observed that the reopening …

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Madras High Court Ruling: Order Passed Without Considering Reply and Personal Hearing Liable to Be Remanded for Fresh Adjudication

In a recent ruling, the Madras High Court reaffirmed the importance of adherence to principles of natural justice in tax adjudication. The Court held that any order passed without considering the assessee’s reply or providing an opportunity for personal hearing …

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Gujarat High Court: ITC Refund Cannot Be Denied for Non-Submission of FIRC if CA Certifies Net Foreign Exchange Receipt

In a significant ruling for exporters under the Goods and Services Tax (GST) regime, the Gujarat High Court has held that the non-submission of Foreign Inward Remittance Certificate (FIRC) alone cannot be a ground to reject Input Tax Credit (ITC) refund under Rule 89 …

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CIRP should not be permitted to be used as a mechanism to overcome any misdeeds deliberately done with an intent to evade tax: Telangana HC

In a significant ruling, the Telangana High Court held that insolvency proceedings under IBC cannot be used to escape tax scrutiny. It clarified that reassessment under Section 147 of the Income Tax Act remains valid even after CIRP approval, especially …

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Once Resolution Plan under IBC Approved & Implemented, No Penalty Proceedings can Continue for Prior Defaults: Gujarat HC

In a landmark ruling, the Gujarat High Court quashed multiple income tax penalties against Technovaa Plastic Industries, reinforcing legal protection for companies under approved IBC resolution plans. This judgment highlights critical safeguards against arbitrary penalties, particularly under Section 270A of …

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