The judgment clarifies that expenses incurred solely for Indian branches may be allowed under Section 37(1). Only qualifying head office expenses face the Section 44C ceiling.
The High Court dismissed the appeal after holding that the Tribunal’s findings on intra-group services raised no substantial question of law.
Karnataka High Court held that provisions of section 153C of the Income Tax Act cannot be invoked since the petitioner was a searched person and not a non-searched person / such other person. Accordingly, the proceedings quashed.
The case examined confirmation of a substantial addition without adequate factual analysis. The Tribunal ruled that justice demands a fresh decision after full consideration of bank statements and supporting records.
ITAT Jaipur held that application for approval under section 80G inadvertently considered as application under section 12AB of the Income Tax Act is against principle of natural justice. Accordingly, matter restored back to CIT(E).
The High Court held that assessment orders under Section 62 of the CGST Act automatically lapse once pending returns are filed with late fee, barring recovery action.
The dispute concerned rejection of explanation for cash deposits due to lack of documentation. The Tribunal ruled that evidence relating to sale of inherited assets was vital and must be examined afresh by the tax authorities.
CESTAT Kolkata held that the allegation of clandestine removal of goods cannot be sustained on the basis of documents recovered from such third-party premises. Accordingly, issue answered in favour of the appellant.
The Court ruled that non-disclosure of a subsisting mortgage amounts to fraud, entitling the buyer to refund of advance despite alleged payment defaults.
The CESTAT held that penalties under Sections 114 and 114AA cannot be imposed without establishing the appellant’s knowledge of mis-declaration. The appeal succeeded, and fines were set aside.
