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Fixed AC Charges Form Part of Rent; Premises Tenancy Act Not Applicable: Calcutta HC

July 22, 2025 735 Views 0 comment Print

Calcutta High Court held that fixed monthly AC charges is an essential component of “rent” thus rent goes beyond the ceiling limit and thus is excluded from the purview of the West Bengal Premises Tenancy Act, 1997. Hence, appellant is entitled to a decree of eviction.

Full Tax Demand Adjustment Against Income Tax Refund During Appeal Unjustified

July 22, 2025 987 Views 0 comment Print

Madras High Court held that adjusting entire demand raised against refund due even during pendency of appeal is without jurisdiction. Accordingly, department directed to refund balance amount with interest.

Reassessment u/s. 148 quashed as merely based on change of opinion: Madras HC

July 22, 2025 615 Views 0 comment Print

Madras High Court held that reopening of assessment u/s. 148 of the Income Tax Act merely on the basis of change of opinion does not constitute justification and/or reasons to believe that income chargeable to tax has escaped assessment. Accordingly, appeal allowed and reassessment quashed.

Cash deposits recorded in books of accounts cannot be treated as unexplained money u/s. 69A

July 22, 2025 2400 Views 0 comment Print

ITAT Delhi held that addition under section 69A of the Income Tax Act towards cash deposits as unexplained money cannot be sustained since the cash deposits is already recorded in books of accounts. Accordingly, appeal allowed.

Deduction claimed u/s. 80G towards CSR expenditure is allowed

July 22, 2025 768 Views 0 comment Print

ITAT Mumbai held that the claim for deduction under section 80G of the Act in respect of Corporate Social Responsibility [CSR] expenditure cannot be denied. Accordingly, deduction claimed is allowed and appeal of revenue dismissed.

Reassessment order under Bihar VAT Act beyond prescribed time limit liable to be quashed

July 22, 2025 600 Views 0 comment Print

Patna High Court held that passing of reassessment order under Bihar Value Added Tax Act, 2005 beyond the time limit stipulated under section 26(3) of the Act is barred by limitation and accordingly, order is liable to be set aside.

Service tax not leviable on supply of computers with transfer of right to use: Calcutta HC

July 21, 2025 381 Views 0 comment Print

Calcutta High Court held that supply of computers and its hardware like servers, printers, computer peripherals, etc. with transfer of right to use doesn’t come within the purview of ‘supply of tangible goods’ for use as per provision of section 65(105)(zzzzj) of the Finance Act.

Styrene Butadiene Copolymer classifiable under CTH 3903 and not under CTH 4002

July 21, 2025 579 Views 0 comment Print

M/s. KLJ Polymers & Chemicals Ltd (the appellant importer) was engaged in import of different types of chemicals, PVCs, pigments etc and also engaged in manufacturing and trading of polymers, pigments, lubricants, stabilizers etc.

Writ not entertained as alternative remedy available under SARFAESI Act

July 21, 2025 573 Views 0 comment Print

Patna High Court held that High Courts should not entertain application under Article 226 of the Constitution, if there is an effective remedy available to the aggrieved persons under the provisions of the SARFAESI Act. Accordingly, writ held as not maintainable.

Person having adverse CIBIL report rightly rejected for position of Circle Based Officer

July 21, 2025 285 Views 0 comment Print

Madras High Court held that denial to recruit person, having defaulted in repayment of loans and having adverse CIBIL, as Circle Based Officer [CBO] by SBI is justifiable as a person with poor/ or no financial discipline cannot be trusted with public money.

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