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Right to prosecute cannot be deprived for mere non-participation in Income Tax assessment proceeding

July 3, 2025 714 Views 0 comment Print

Held that merely because of non-participation of the assessment proceedings, the valuable right of the petitioner would not be deprived of to prosecute a case under Section 264. Accordingly, orders passed u/s. 264 alongwith assessment orders u/s. 143 & 147 remanded back for fresh consideration.

DTAA provisions will prevail over general to the extent they are beneficial to assessee

July 3, 2025 762 Views 0 comment Print

The Tribunal therefore, has rightly affirmed the conclusion arrived at by CIT(Appeals) in deleting the tax demand relatable to difference between 20% and the actual tax rate on which tax was deducted by the respondent assessee in terms of the relevant DTAAS.

Denial of benefit u/s. 6(2) of CST Act for mere non-furnishing of ‘C’ forms not justified

July 3, 2025 1350 Views 0 comment Print

Gauhati High Court held that the benefit conferred under Section 6(2) of the Central Sales Tax Act, 1956 [CST Act] cannot be denied merely because the ‘C’ forms were not furnished. Accordingly, writ petition stands allowed.

Addition u/s. 68 deleted as source of funds proved: ITAT Delhi

July 3, 2025 747 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act cannot be sustained as assessee has proved the source of funds for purchase of land made in earlier assessment year. Accordingly, appeal allowed.

Advance authorization benefits available on import of decalcified fish scale

July 3, 2025 585 Views 0 comment Print

Kerala High Court held that import of decalcified fish scale is eligible for the benefit of advance authorization scheme. Thus, benefit of advance authorization cannot be denied by the department.

Order cancelling GST registration quashed as passed without providing reasons

July 3, 2025 618 Views 0 comment Print

Gauhati High Court held that order cancelling GST registration without providing reasons for cancellation of the same is a non-speaking order. Accordingly, order is liable to be set aside and quashed.

Set off of short term capital loss [STT paid] is allowed against STCG [STT not paid]

July 2, 2025 2979 Views 0 comment Print

ITAT Mumbai held that short-term capital loss [STCL] on which STT is paid [which is taxable at 15% u/s. 111A of the Income Tax Act] can be set off against short-term capital gains [STCG] on which STT is not paid [which is taxable at 30% u/s. 115AD].

Penalty on customs broker justified for failure to intimate department about mis-declaration

July 2, 2025 645 Views 0 comment Print

CESTAT Chennai held that imposition of penalty under Regulation 18 of the Customs Broker Licensing Regulations, 2013 [CBLR] justified as Customs Broker failed to intimate department about mis-declaration of weight in imported goods. Accordingly, appeal dismissed.

Absence of three persons rules out agreement from scope of intermediary services: Refund granted

July 2, 2025 1095 Views 0 comment Print

Karnataka High Court held that absence of three persons straightaway rule out the agreement from the scope of intermediary services. Thus, refund granted as independent services provided qualifies as export of services u/s. 2(6) of IGST Act.

Dividend Distribution Tax not chargeable on dividend paid to International Finance Corporation

July 2, 2025 753 Views 0 comment Print

ITAT Mumbai held that dividend paid to International Finance Corporation is exempt from Dividend Distribution Tax chargeable under section 115-O of the Income Tax Act. Accordingly, appeals of assessee allowed.

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