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Archive: 04 June 2025

Posts in 04 June 2025

Disallowance u/s. 36(1)(iii) not sustained as amount given to sister concern is investment not loan

June 4, 2025 645 Views 0 comment Print

ITAT Hyderabad held that disallowance by invoking provisions of section 36(1)(iii) of the Income Tax Act not sustained since the sum is not an advance/loan to sister concern, however, it is an investment.

Reassessment set aside as objections not dealt in accordance with GKN Driveshafts principle

June 4, 2025 618 Views 0 comment Print

Madras High Court held that in re-assessment proceedings the objections of assessee should be dealt in accordance with GKN Driveshafts principle. Here, all the proceedings are set aside since the GKN Driveshafts principle has not been strictly adhered to.

STCL on which STT paid can be set off against STCG on which STT not paid

June 4, 2025 1278 Views 0 comment Print

ITAT Mumbai held that as per section 70(2) the short-term capital loss can be set off against gain from any other capital asset. Thus, set off of short-term capital loss (on which STT was paid) against the short-term capital gains (on which STT was not paid) is allowed.

Rectification of GSTR-1 for AY 2020-21 Allowed per Circular 27.12.2022

June 4, 2025 1788 Views 0 comment Print

Karnataka High Court held that rectification of Form GSTR-1 for rectifying mismatch/ discrepancy for Assessment Year 2020-21 to be allowed in terms of Circular No. 183/15/2022-GST dated 27.12.2022. GST Department directed accordingly.

Changes in income tax Deduction in ITR Form for FY 2024-25

June 4, 2025 19617 Views 0 comment Print

The Income Tax Department has introduced new detailed reporting for various deductions (HRA, home loan interest, 80C to 80U) in ITRs for FY 2024-25, applicable to the old tax regime.

Bogus LTCG Addition Set Aside Due to Lack of Tangible Evidence: ITAT Ahmedabad

June 4, 2025 786 Views 0 comment Print

ITAT Ahmedabad held that addition towards accommodation entries of bogus LTCG cannot be sustained in absence of any iota of tangible perceptible evidence. Accordingly, appeal allowed and addition set aside.

To What Extent Should Courts Intervene in Company Matters? Insights from Tata Sons v. Cyrus Mistry

June 4, 2025 1359 Views 0 comment Print

Explore the balance between corporate autonomy and minority shareholder protection, examining judicial restraint through the landmark Foss v. Harbottle case and the Tata-Mistry judgment.

Vague Show Cause Notices in Indian GST: A Legal Deficiency with Judicial Backing

June 4, 2025 3042 Views 0 comment Print

Vague GST show cause notices undermine natural justice, leading to invalid tax demands and registration cancellations. Courts consistently rule for specificity in SCNs.

GST Refunds: Procedures, Eligibility & Developments

June 4, 2025 3468 Views 0 comment Print

Understand GST refund procedures under the CGST Act, 2017, including eligibility criteria, application process, and recent developments to maintain liquidity and compliance.

Anticipatory Bail Rejected for Ineligible GST ITC Below ₹5 Crore: Gauhati HC

June 4, 2025 486 Views 0 comment Print

Gauhati High Court held that anticipatory bail application is not maintainable since ineligible ITC amount involved is less 5 crores and hence the case falls under bailable offence. Accordingly, the application is rejected.

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