CESTAT held that confiscation of dry dates and penalties under the Customs Act were unjustified as the Department failed to prove the goods’ foreign origin. Opinions based on visual inspection were deemed without evidentiary value.
Delhi High Court sets aside GST demand order where SCN uploaded under “Additional Notices” tab, directs fresh reply & hearing; validity of extension notifications still pending.
The Delhi High Court granted an injunction protecting film actor Hrithik Roshan’s personality rights, restraining John Doe defendants and others from using his persona for commercial purposes, including misuse via AI and deepfakes.
Summarizing GST proceedings after a proprietor’s death. Legal heirs’ liability is limited to the estate unless they continue the business, making notices to the deceased void.
Judicial rulings confirm interior decoration expenses like modular kitchens and wardrobes are eligible for tax exemption under Sections 54 & 54F if they ensure the house is habitable.
The ITAT ruled that the PCIT wrongly invoked Section 263 by relying on unverified external information (e.g., SEBI data and license suspension claims) to label purchases as bogus, without providing this information to the assessee for rebuttal. The tribunal deleted the revisionary order, confirming that the PCIT acted illegally by presuming facts and ignoring the documentary proof of purchase genuineness.
The Tribunal followed the Supreme Court’s V.C. Shukla principle, reaffirming that loose papers seized from third parties are without evidentiary value unless properly linked to the assessee through verified facts. ITAT, therefore, quashed both the 69A addition and the underlying 147 reopening as being based on mere surmises and conjectures.
Delhi High Court rules in PCIT v. Amadeus India that no Transfer Pricing adjustment is warranted for AMP expenses, citing no ‘international transaction.’ The Court reiterates the Finance Act 2022 amendment to Section 14A is prospective from AY 2022-23, not retrospective, dismissing the Revenue’s appeal for AY 2018-19.
This ruling underscores the requirement for independent verification of uncorroborated search material, deleting additions made for unexplained cash under Section 69A and Capital Gains based on an employee’s diary. ITAT’s decision confirms that mere suspicion or rough personal notings, full of inconsistencies, cannot be the foundation for substantial tax demands.
The ITAT Mumbai held that the denial of the right to cross-examine a third party whose statement forms the foundation of a tax addition constitutes a serious violation of natural justice, citing the Supreme Court. The Tribunal set aside the 68 additions of 1.56 crore (across two years) and remanded the case to the AO for de novo assessment with mandatory opportunity for cross-examination.
