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Archive: 15 October 2025

Posts in 15 October 2025

Provisional release order concerning a consignment of imported PVC coated fabrics to the extent of furnishing bank guarantee

October 15, 2025 294 Views 0 comment Print

Provisional release order by substituting the bank guarantee requirement with a bond of equivalent amount, while retaining other conditions. The Court emphasized that onerous financial conditions prior to adjudication are unwarranted, especially for non-prohibited goods, and directed release upon compliance within seven days.

TCS liability against mining officer was valid as compounding fees from Illegal Mining was treated as ‘Transfer of Rights’

October 15, 2025 324 Views 0 comment Print

Compounding fees collected from illegal mining, transportation, and storage of minerals constituted a ‘transfer of rights’ and consequently attracted  Tax Collection at Source (TCS) under Section 206C(1C) as it involved parting with an interest in the mine.

Claims Settlement for Deceased Customers – Recent RBI Directions

October 15, 2025 4275 Views 3 comments Print

RBI Notification No. RBI/2025-26/82 mandates uniform, transparent procedures for settling deceased customers’ claims across banks. Sets 15-day time limits and penalty for delays.

Surrendered income during survey cannot be treated as unexplained income so higher tax u/s. 115BBE not justified

October 15, 2025 588 Views 0 comment Print

ITAT Jaipur held that surrendered income during survey cannot be treated as unexplained income or money u/s. 69 & 69A of the Income Tax Act and tax in accordance with provisions of section 115BBE. The same has to be assessed to tax under ‘business income’.

Assessment u/s. 153A quashed as based on common approval u/s. 153D

October 15, 2025 276 Views 0 comment Print

ITAT Delhi held that assessment under section 153A of the Income Tax Act based on common approval under section 153D of the Income Tax Act is non-est in the eye of law. Hence, the same is liable to be quashed.

Seized amount prima facie proceeds of crime cannot be treated as income before conclusion of PMLA trial

October 15, 2025 360 Views 0 comment Print

Delhi High Court held that seized amounts prima facie being proceeds of crime cannot be termed as income of accused as trial in PMLA case is yet to be conclude. Accordingly, it is erroneous to treat such amount as taxable income recoverable by Income Tax Department.

Treatment of income due to mere presence of blank cheque without any other evidence not tenable

October 15, 2025 231 Views 0 comment Print

ITAT Delhi held that mere presence of blank cheque without there being any other evidence, proving earning of any income or making of any capital transaction, the same cannot be treated as income. Accordingly, ground raised by revenue dismissed.

Tax on ink and processing material used in printing lottery tickets leviable u/s. 3F(1)(b) of Uttar Pradesh Trade Tax Act

October 15, 2025 231 Views 0 comment Print

Supreme Court held that since all three conditions required to sustain levy of tax u/s. 3F(1)(b) of the Uttar Pradesh Trade Tax Act, 1948 are fulfilled, tax is leviable on ink and processing material used in printing lottery tickets.

Section 80IA Deduction Restored: ITAT Follows High Court Quashing Approval Withdrawal Order

October 15, 2025 345 Views 0 comment Print

The Tribunal held that since the Delhi High Court had restored the Industrial Park’s original Rs. 80 IA approval, the subsequent disallowance based on the quashed withdrawal was invalid. This affirms that a valid judicial ruling overrides the Central Government’s withdrawal order, securing the tax benefit for the taxpayer.

Demonetisation Cash Deposit Relief: ITAT Restricts Addition to 5% Estimated Profit

October 15, 2025 369 Views 0 comment Print

This ITAT Rajkot decision clarifies that when an assessee establishes a clear nexus between past bank withdrawals and subsequent demonetisation cash deposits, the high tax rate under Section 115BBE is not applicable. The Tribunal, citing a Gujarat HC judgment, deleted the entire addition except for a 5% estimated profit to balance revenue interest and taxpayer evidence.

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