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Archive: June, 2025

Posts in June, 2025

Offshore supply of equipment not taxable in India hence section 44BBB wouldn’t apply

June 28, 2025 633 Views 0 comment Print

ITAT Delhi held that offshore supply of equipment revenue couldn’t be taxed in India. Thus, once it is not assessable even under the normal provisions, section 44BBB would also not apply. Accordingly, appeal allowed.

Utilization of cenvat cannot be disallowed when availment of credit not disputed

June 28, 2025 516 Views 0 comment Print

CESTAT Chandigarh held that once Cenvat Credit is availed the same cannot be disallowed later as it was held that processing of uncoated paper didn’t amount to manufacture. Accordingly, appeal is allowed.

Sentence u/s. 276C(2) upheld due to wilful non-payment of income tax: Delhi HC

June 28, 2025 678 Views 0 comment Print

Delhi High Court upholds sentence under section 276C(2) of the Income Tax Act for wilful non-payment of income tax since merely claiming financial inability, without providing any further explanation or evidence, holds no weight and is clearly untenable.

Section 148 Notice Invalid Due to PCIT Approval From Incompetent Authority: Delhi HC

June 28, 2025 1239 Views 0 comment Print

Delhi High Court voids reassessment notices for Cadence Real Estates, citing incorrect approval authority in a post Ashish Agarwal scenario.

Single sanction u/s. 153D for different Assessment Year granted in stereotype manner is invalid

June 28, 2025 474 Views 0 comment Print

ITAT Delhi held that approval accorded u/s. 153D in stereotype manner and single approval has been granted for various Assessment Years is invalid sanction. Thus, order passed based on invalid sanction accorded u/s. 153D is liable to be quashed.

Income Already Taxed Cannot Be Retaxed as Unexplained Cash Credit: Gujarat HC

June 28, 2025 2463 Views 0 comment Print

Gujarat High Court upholds ITAT’s deletion of ₹70 lakh unexplained cash credit, ruling against double taxation of export sales. Clarification on Section 80HHC given.

Notice to email address available at MCA website is valid service

June 28, 2025 660 Views 0 comment Print

Delhi High Court held that notice sent to email address available at website of MCA is proper service of notice. Thus, order passed doesn’t violate principles of natural justice. Accordingly, writ petition is dismissed.

Ordinary Business Transactions Exempt from Deemed Dividend U/S 2(22)(e): Allahabad HC

June 28, 2025 588 Views 0 comment Print

Allahabad High Court remands Kishori Lal Agrawal’s deemed dividend case, clarifying Section 2(22)(e) and ‘ordinary course of business’ for loans.

ITAT allows relief where Form 10B uploaded after return filing but before appellate adjudication

June 28, 2025 591 Views 0 comment Print

ITAT Surat allows Section 11 exemption for Premprakash Ashram Trust, deeming belated Form 10B filing procedural, not mandatory.

Section 11 Exemption valid Despite Late Form 10B Filing if filed before Section 143(1) order issuance

June 28, 2025 666 Views 0 comment Print

ITAT Ahmedabad allows Section 11 exemption and quashes late filing fee for Shiksha Foundation, citing timely audit and return.

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