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Archive: 04 April 2025

Posts in 04 April 2025

Section 44AD Deemed Profit Rate Not Fixed – ITAT Lowers Milk Sales Margin to 3%

April 4, 2025 1059 Views 0 comment Print

8% deemed profit rate as specified u/s 44AD is not a fixed standard & may vary depending on nature of business – Reduces profit margin on milk sales from 8% to 3%

SEBI (Substantial Acquisition of Shares and Takeovers) Regulation, 2011: Analysis

April 4, 2025 1332 Views 0 comment Print

SEBI Takeover Regulations 2011 govern acquisitions in listed firms, ensuring transparency, shareholder rights, and mandatory open offer compliance. Learn key provisions.

SEBI clarifies position of Compliance Officer in a Listed Companies

April 4, 2025 2070 Views 0 comment Print

SEBI’s circular clarifies that Compliance Officers in listed entities must be one level below the Board, ensuring direct reporting to MD, WTD, or CEO.

Section 16(5) Applicable for ITC Claims Beyond Time Limit of Section 16(4) of GST Act

April 4, 2025 726 Views 0 comment Print

Madras High Court directed to consider Section 16(5), inserted vide Section 118 of the Finance (No. 2) Act, 2024, for Input Tax Credit claimed beyond period stipulated u/s. 16(4) of the GST Act. Thus, writ disposed of accordingly.

Ignoring objection while passing order violates principles of natural justice

April 4, 2025 450 Views 0 comment Print

Telangana High Court held that non-consideration of objection while passing order is breach of principles of natural justice and accordingly the order is liable to be set aside and matter is remitted back to original authority to re-hear and pass fresh order.

Section 127 Order Mandatory for Transfer of Jurisdiction: ITAT Raipur

April 4, 2025 1320 Views 0 comment Print

In Peter Vaz vs CIT, Bombay HC rules ITAT erred in barring Sec 153C challenge & refusing delay condonation. Cites Rule 27, Balakrishnan (SC). Matter remanded.

Reopening Based on Insight Portal Data Without Independent Opinion Unsustainable

April 4, 2025 963 Views 0 comment Print

Gujarat High Court held that re-opening of assessment solely relying upon information made available on the insight portal, without forming any independent opinion, is unsustainable in law and hence liable to be quashed.

No Approval Needed for Conversion as Scrutiny Was Not Limited: ITAT Jaipur

April 4, 2025 666 Views 0 comment Print

ITAT Jaipur held that reasons recorded for selecting case for scrutiny never mentioned that case was selected for limited scrutiny hence approval for conversion not required. Matter remanded to CIT(A) to decide case based on merits.

Non-filing of Form 10B cannot be reason to deny benefit u/s. 11: ITAT Delhi

April 4, 2025 1041 Views 0 comment Print

ITAT Delhi held that rejection of claim of exemption under section 11 of the Income Tax Act for mere non-fling of Form 10B is not justifiable since filing of Form 10B is directory in nature and the same cannot be reason to deny benefit.

No Section 54F Deduction on LTCG Without Proof of House Construction: ITAT Pune

April 4, 2025 687 Views 0 comment Print

ITAT Pune upholds denial of Section 54F deduction. Assessee’s house construction predates asset sale, violating time limits.

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