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Archive: 05 May 2025

Posts in 05 May 2025

ITAT Upholds Rejection of Books, Confirms ₹40.45 Lakh Addition at 20.97% GP

May 5, 2025 513 Views 0 comment Print

ITAT Ahmedabad validates AO’s 20.97% gross profit estimation for road contractor Sarandhar Gupta due to unverifiable cash transactions

AO Empowered to Modify Penalty as per Higher Authority or Court Orders

May 5, 2025 1062 Views 0 comment Print

ITAT Ahmedabad held that section 275(1A) of the Act empowers AO to impose or enhance or reduce or cancel penalty pursuant to the quantum appeal before higher appellate authority or court by giving effect to the quantum order.

Marketing & Reservation Fees to US Hotel Chain Not Taxable Under India-US DTAA

May 5, 2025 1386 Views 0 comment Print

ITAT upholds AO’s 20.97% gross profit estimation for Sarandhar Gupta due to unverifiable cash expenses in road contracting business.

Non-executive director cannot be penalized for non-fulfilment of export obligations by company

May 5, 2025 870 Views 0 comment Print

Delhi High Court held that independent non-executive director cannot be held liable for non-fulfilment of export obligations by the company. Accordingly, penalty imposed on the director is liable to be set aside.

Assessment without Section 143(2) notice is unsustainable: ITAT Kolkata

May 5, 2025 1014 Views 0 comment Print

 ITAT Kolkata rules assessment void due to non-issuance of mandatory notice u/s 143(2) in Sandip Kumar Keshari Vs ITO case.

Arm’s Length Price of assets purchased from AE needs re-verification: Matter remitted

May 5, 2025 588 Views 0 comment Print

During the year, assessee has entered into several international transactions as per Form 3CEB and after analyzing the transactions under consideration. By relying on various decisions, TPO has rejected the submissions of the assessee.

Assessee Proves Loan Repayment & Discharges Section 68 Onus – ITAT deletes addition

May 5, 2025 885 Views 0 comment Print

ITAT Mumbai allows WOW Entertainment’s appeal, deleting ₹1.44 Cr addition under Section 68 due to denied cross-examination and proof of loan genuineness from a cooperative credit society.

Redetermination of value set aside as goods were replacement for goods imported earlier

May 5, 2025 489 Views 0 comment Print

CESTAT Bangalore held that question of redetermination of value doesn’t arise since the impugned goods were replacement for goods imported earlier which were found to be defective. Accordingly, appeal allowed.

SC Entry Tax Interim Relief Limited to SLP Petitioners: Orissa HC

May 5, 2025 819 Views 0 comment Print

Orissa High Court clarifies that the Supreme Court’s interim relief on entry tax interest applies solely to petitioners who filed the SLP, not all assessees.

Bail Should Not Be Denied to Accused under Section 132 of CGST Act: Judicial Perspective

May 5, 2025 4389 Views 0 comment Print

Explore the judicial perspective on bail denials under CGST Act Section 132, highlighting the “bail is rule” principle and impact of recent court decisions.

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