Case Laws Summary dated 8th January 2024

 HC dismissed writ as notice was issued within time limit, though it was served on assessee on next day
 No penalty proceedings under sec. 270A if additions were made based on voluntary disclosure by assessee: HC
 Expression ‘used for purposes of business’ in sec. 32(1) had to be construed liberally to include even passive use: HC
 Sum received upon termination of call option results in relinquishment of right to purchase shares u/s 2(47): ITAT
 Actual activities of trust could not be deciding factor while granting registration under section 12AA: ITAT
 Criminal prosecution not maintainable if penalty for not explaining source of cash exp. were set aside by ITAT: HC
 Payer liable for consequences for non-deduction of tax if payee didn’t pay tax on income while filing ITR; SLP dismissed
 Penalty couldn’t be levied after 10 years from date of passing assessment order; HC upholds ITAT’s order
 HC quashes order disallowing ITC as assessee filed GSTR-3B physically due to non- availability of GSTR-2
 No violation of natural justice if assessee failed to appear for personal hearing on date fixed by GST officer: HC
 Madras HC allowed payment of interest levied by GST dept. in 3 equal monthly installments
 Madras HC extended time limit to file appeal by petitioner before adjudicating authority by 8 weeks
 Filing of nil returns continuously for more than 6 months’ not a ground for cancellation of GST; HC quashes order
 Typographical error in e-way bill should not lead to imposition of penalty: Allahabad HC
 HC remanded matter to grant refund as doc. uploaded by assessee wasn’t getting registered by GSTN
 HC grants anticipatory bail to accused as investigation is needed to prove alleged involvement in GST fraud
 SC dismissed SLP against valuation of construction services involving transfer of land; directed to approach HC
 Interconnect utility charges received from Indian customers aren’t taxable as royalty under India-France DTAA: ITAT
 CIT(A) doesn’t have power to dismiss appeal for non-prosecution; ITAT remanded matter back to CIT(A)
 Directors can’t use personal insolvency to evade liability for company’s cheque defaults
 HC directs DRAT to assess criminal application’s validity before reviewing recovery certificate order