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Archive: 27 September 2025

Posts in 27 September 2025

ITAT Chandigarh Upholds Taxation of Survey Cash Under Section 69A r.w.s. 115BBE

September 27, 2025 786 Views 0 comment Print

The ITAT Chandigarh dismissed the appeal of Svetlana Gorodinskaia, ruling that unexplained cash of ₹4,07,000/- found during a survey operation must be taxed as “unexplained money” under Section 69A and subjected to the higher tax rates of Section 115BBE

Section 263 Invoked Validly if AO Failed to Apply 115BBE on Surrendered Stock: ITAT Jaipur

September 27, 2025 534 Views 0 comment Print

The ITAT Jaipur dismissed the assessee’s appeal, confirming the PCIT’s revisionary order under Section 263. The Tribunal ruled that the income declared as excess stock during a survey must be taxed under Section 115BBE at a higher rate because the assessee failed to prove a direct nexus between the excess stock and suppressed regular business profits.

Calcutta HC Quashes Penalty Under Section 271(1)(c) for Unspecified Charge

September 27, 2025 705 Views 0 comment Print

The Calcutta High Court allowed the appeals of KPC Medical College And Hospital, setting aside penalties levied under Section 271(1)(c) and Section 271AAA, ruling that the show cause notices were invalid for failing to specify the exact charge (concealment or inaccurate particulars).

Equity investment doesn’t fall within meaning of ‘operational debt’ u/s. 5(21) of IBC

September 27, 2025 741 Views 0 comment Print

NCLT Hyderabad held that equity investment is not a loan and doesn’t fall within the meaning of ‘operational debt’ under section 5(21) of the Insolvency and Bankruptcy Code. Accordingly, application u/s. 9 of IBC for initiation of IBC dismissed.

ITAT Mumbai Upholds 12.5% Addition on Bogus Purchases, Rejects Assessee & Revenue Appeals

September 27, 2025 834 Views 0 comment Print

Tribunal confirmed CIT(A)’s estimation of 12.5% disallowance on ₹2.19 crore alleged bogus purchases, dismissing both assessee’s plea for reduction and Revenue’s demand for higher addition.

Purchases Linked With Sales & GP Rates Comparable: ITAT deletes ₹9.6 Cr Addition

September 27, 2025 618 Views 0 comment Print

The court found that the assessee provided sufficient documentary evidence, and the declared profit rates were comparable to previous years, distinguishing the case from bogus purchases precedents.

Calcutta HC Quashes ₹50,000 Cost Imposed on Small Trader in Income Tax Appeal

September 27, 2025 531 Views 0 comment Print

The Calcutta High Court, in Abdul Mannan Vs ITO, set aside a ₹50,000 cost imposed by the ITAT for the restoration of a tax appeal, citing the assessee’s small-trader status and dependency on a negligent consultant.

No concessional rate benefit on import of rectangular shape gold bars as serial numbers not engraved

September 27, 2025 399 Views 0 comment Print

CESTAT Hyderabad held that benefit of concessional rate vide notification no. 62/2004-Cus dated 12.05.2004 is denied on import of rectangular shape gold bars as manufacturers or refiners serial numbers not found engraved on the gold bars.

CAAR Rules on Classification of Ultrasonic Parking Sensors under Customs Tariff

September 27, 2025 846 Views 0 comment Print

CAAR Mumbai held that ultrasonic parking sensors are not semiconductor devices but parts of rear parking assist systems, classifiable under CTH 8512. Sub-components were classified individually.

Date of surrender of bank guarantee considered as relevant date for refund u/s. 11B of Excise

September 27, 2025 621 Views 0 comment Print

Karnataka High Court held that date of surrender of bank guarantee to be considered as relevant date for the purpose of claiming refund under section 11B of the Central Excise Act, 1944. Accordingly, appeal allowed.

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