Income Tax – Reassessment – Section 147/148 – Double Reopening on Same Transaction – Cash deposits of Rs.4,42,47,290/- in Canara Bank for AY 2019-20 earlier examined by ITO under Section 147 – Assessment Order dated 30.03.2023 passed determining income at NIL after verification of returns filed under different PAN – DCIT subsequently issued fresh notice under Se...
Criminal Law – Cheating – Business Transaction – Memorandum of Understanding – Petitioner induced de facto complainant to invest Rs.1,09,95,000/- for supply of computers to educational institutions promising 12% interest and 50% profit share – Amount transferred through bank – Petitioner failed to show actual purchase or supply of computers – Payment of ad...
Income Tax – Faceless Assessment – Violation of Principles of Natural Justice – Assessment Order Set Aside – Petitioner challenged assessment order dated 04.12.2025 passed under Section 144 r/w Section 144B of the Income Tax Act pursuant to remand by appellate authority – Portal disabled e-submission facility on the last date for reply to show cause notice and option ...
Customs – Smuggling – Seizure of Foreign-Origin Cigarettes – 25,01,200 cigarette sticks seized from vehicle and godown – Absolute confiscation ordered under Section 111(d) – Penalty imposed under Section 112(b)(i) – Concurrent findings by Adjudicating Authority, Commissioner (Appeals) and CESTAT – Held: Seizure and confiscation based on detailed Panchnama ...
GST Law – Assessment Order – Document Identification Number (DIN) / Reference Number (RFN) – Petitioner challenged assessment order in Form GST DRC-07 contending absence of DIN – Court held that Reference Number (RFN) auto-generated by GST portal upon digital signing is sufficient compliance – DIN/RFN generated electronically cannot be treated as absent merely because...
Income Tax – Co-operative Society – Deduction under Section 80P(2)(a)(i) – Interest on Bank Deposits – Assessee, a co-operative housing/credit society, earned interest from savings bank account maintained with Axis Bank – Assessing Officer disallowed deduction holding interest income taxable under Section 56 relying on Totgars Co-operative Sale Society Ltd. and Citize...
Taxation Law – Andhra Pradesh VAT Act – Appeal – Rejection at Admission Stage – Delay in Filing Appeal – Appellate Deputy Commissioner rejected appeal filed with delay of 2 years 4 months and 20 days against consequential assessment order – Petitioner pleaded non-service of show cause notice and assessment order – Held: Explanation not satisfactory –...
Income Tax – Employees’ Contribution to PF and ESI – Deductibility – Section 2(24)(x) and Section 36(1)(va) – High Court held that employees’ contribution deducted from salaries constitutes income of the employer and is allowable as deduction only if deposited within the due date prescribed under the relevant welfare statutes – Employer’s contributio...
Income Tax – Reassessment – Second Reopening – Change of Opinion – Invalidity – Assessment for AY 2009–10 earlier reopened and completed under Sections 147/143(3) – Specific issue of interest-free loan received by assessee from closely held company examined – No addition made – Subsequent notice under Section 148 issued for same AY on same foun...
Service Law – Appointment to ITAT – Institutional Bias – Doctrine of Bias – Natural Justice – Petitioner, ranked All India Rank One by Search-cum-Selection Committee in 2014 for appointment as Member (Accountant), ITAT, was repeatedly denied appointment through withholding of vigilance clearance, disciplinary proceedings, and compulsory retirement – Compulsory r...