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Archive: 13 August 2025

Posts in 13 August 2025

Order of special audit not sustained as procedure mandated u/s. 142(2A) and 142(2C) not followed

August 13, 2025 438 Views 0 comment Print

ITAT Delhi held that order of special audit held to be void ab-initio since due procedure as mandated under the provisions of Sec. 142(2A) and Sec. 142(2C) of the Income Tax Act has not been followed.

Stock Transfers of Explosives to two State Depots Are Branch Transfers, Not Inter-State Sales: HC

August 13, 2025 717 Views 0 comment Print

The movement of explosives from Maharashtra to company depots in West Bengal and Jharkhand under a running contract with Coal India Ltd. constituted branch transfers under Section 6A of the CST Act and not inter-State sales.

Revision u/s. 263 initiated by CIT based on AO’s recommendation is not maintainable

August 13, 2025 783 Views 0 comment Print

ITAT Bangalore held that initiation of revisionary proceedings under section 263 of the Income Tax Act by CIT based on the recommendation of the AO is not maintainable. Accordingly, revisionary order set aside and appeal allowed.

Notice u/s. 133(6) remaining unserved cannot be reason for disallowance of professional fees

August 13, 2025 921 Views 0 comment Print

ITAT Jaipur held that disallowance of professional fees merely for the reason that notice under section 133(6) of the Income Tax Act remained unserved is not justifiable since assessee has placed various evidences on record. Accordingly, appeal is allowed.

FEMA Compounding application not maintainable post completion of adjudication

August 13, 2025 702 Views 0 comment Print

Calcutta High Court held that compounding application under Foreign Exchange Management Act, 1999 cannot be maintained post completion of adjudication process. Accordingly, appeal failed and hereby dismissed.

Section 40(a)(ia) couldn’t be made applicable to short deduction of TDS: Uttarakhand HC

August 13, 2025 930 Views 0 comment Print

Uttarakhand High Court held that Section 40(a)(ia) of the Income Tax Act, 1961 cannot be made applicable to short deduction of tax at source and the disallowance made was rightly directed to be deleted. Accordingly, writ of revenue dismissed.

Companies (Indian Accounting Standards) Second Amendment Rules, 2025

August 13, 2025 5658 Views 0 comment Print

The Ministry of Corporate Affairs has amended the Companies (Indian Accounting Standards) Rules, 2015, impacting financial reporting and liability classifications.

Order 1 Rule 8A of CPC doesn’t give right to advance submission on question of law

August 13, 2025 783 Views 0 comment Print

This provision cannot be used as right for any person to claim that he is entitled to give its opinion to the Court on any question of law involved in a case. We, thus, are of the view that Rule 8A needs to be applied keeping the objects and reasons of rule as above.

Regular bail granted in GST bogus firm case due to lack of evidence

August 13, 2025 435 Views 0 comment Print

Delhi High Court granted regular bail in view of absence of evidence/ material alleging connection of petitioner in GST bogus firm registration case and also petitioner being in judicial custody for almost 8 months.

Ad-hoc determination without invoking special audit not justifiable due to complexity of business

August 13, 2025 273 Views 0 comment Print

ITAT Panaji held that ad-hoc determination of taxable income without invoking special audit u/s. 142(2A) of the Income Tax Act not only jostled ad-hoc & irrational estimations but led to farfetched determination due to complexity of business. Accordingly, matter remanded back to AO.

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