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Archive: 02 May 2025

Posts in 02 May 2025

Service tax exempt on sale of flat subsequent to date of issue of occupancy certificate

May 2, 2025 864 Views 0 comment Print

CESTAT Mumbai held that service tax on construction of complex/building is exempt when there is sale of flat subsequent to date of issue of occupancy certificate from competent authority. Accordingly, appeal of revenue dismissed.

Conflicting Departmental Views on Service Taxability Nullify Allegation of Suppression

May 2, 2025 558 Views 0 comment Print

CESTAT Delhi held that there cannot be suppression or wilful concealment with intent to evade payment of duty since two departmental authorities have differed themselves on the taxability of the services under a specific category.

ITAT Delhi Recalls Ex Parte Orders Citing Director’s Sudden Absence as Sufficient Cause

May 2, 2025 795 Views 0 comment Print

ITAT Delhi permits the recall of its ex-parte order against Medsave Health Insurance TPA, citing sufficient cause for non-appearance due to director’s absence.

Telecom Towers & Pre-fabricated Buildings Qualify as Capital Goods for ITC: Rajasthan HC

May 2, 2025 663 Views 0 comment Print

Rajasthan High Court rules telecom towers and pre-fabricated buildings are capital goods, eligible for GST/CENVAT input tax credit, citing Supreme Court precedent.

Kerala HC Directs CIT to Expedite Section 154 Rectification Petition

May 2, 2025 396 Views 0 comment Print

Kerala HC directs Income Tax Commissioner to decide Unitac Energy’s Section 154 rectification petition within three months.

NCLT Mumbai Rejects Private Asset Sale, Orders Swiss Challenge for Better Value

May 2, 2025 678 Views 0 comment Print

NCLT Mumbai rejects Parekh Aluminex liquidator’s request for private sale of asset significantly below reserve price. Orders Swiss Challenge auction to maximise value. Cites IBC regulations & NCLAT.

ITAT Delhi Allows NSEL Scam Related Bad Debt Claim as Business Loss

May 2, 2025 1611 Views 0 comment Print

ITAT Delhi allows Flair Exports’ NSEL scam loss as business loss, finding claim not premature/speculative. Sets aside disallowance, citing precedents on write-offs.

ITAT Allows Additional Evidence, Remands Loan Case for Fresh Assessment

May 2, 2025 633 Views 0 comment Print

ITAT Surat admits new evidence in Takhatsinh F. Dodia’s case, remanding a Rs. 17 lakh unsecured loan issue to the Assessing Officer for reassessment.

Incorrect Section Code Shouldn’t Disqualify Valid Section 12AA Claim: ITAT Pune

May 2, 2025 1122 Views 0 comment Print

ITAT Pune allows Sai Sanskar Trust’s appeal against CIT(E) rejection of 12AA registration due to incorrect form section, granting opportunity for rectification.

Patna HC Quashes Service Tax SCN for Delay in Conclusion

May 2, 2025 573 Views 0 comment Print

Patna High Court sets aside delayed tax proceedings under Finance Act, 1994 due to failure to act within timeline prescribed in Section 73(4B).

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