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Service tax demand on service of Multi System Operator to cable TV operator sustained

July 1, 2025 435 Views 0 comment Print

CESTAT Hyderabad held that service tax demand on the service of Multi System Operator provided to cable TV operator is sustainable. Further, since there was suppression of facts to evade payment of service tax, extended period of limitation is duly invoked.

Resolution Professional is duty bound to take steps for possession of assets owned by Corporate Debtor

July 1, 2025 849 Views 0 comment Print

CIRP against the Corporate Debtor-Rajesh Cityspaces Private Limited commenced on 15.01.2024. Mr. Ajit Gyanchand Jain- Respondent No.1 was appointed as Interim Resolution Professional (IRP).

Confiscation of crude gold bar justified as burden of proof u/s. 123 of Customs Act not discharged

July 1, 2025 642 Views 0 comment Print

Madras High Court held that confiscation of crude gold bar justified as source of income for having purchased gold bar not proved. Thus, burden of proof u/s. 123 of the Customs Act not discharged.

Section 40A(3) cannot be invoked as income estimated based on gross profit rate

July 1, 2025 675 Views 0 comment Print

ITAT Delhi held that invocation of provisions of section 40A(3) of the Income Tax Act not justifiable as income is estimated on the basis of gross profit rate. Thus, disallowance u/s. 40A(3) set aside and appeal stands allowed.

Surcharge not leviable as slab rates of Private Discretionary Trust is below Rs. 50 Lakhs: ITAT Mumbai

July 1, 2025 765 Views 0 comment Print

ITAT Mumbai held that Private Discretionary Trust whose income is chargeable to tax at maximum marginal rate is not leviable to pay surcharge if the slab rates are below Rs. 50 Lakhs. Accordingly, surcharge is not leviable in the present case and appeal is allowed.

Bail application rejected as accused found guilty of illegal mining

July 1, 2025 438 Views 0 comment Print

Delhi High Court held that bail application of accused is rejected as there is reasonable ground to believe the accused is found guilty in illegal mining and money laundering. Further, plea to grant bail on medical grounds also rejected as accused condition is stable and regularly reviewed by doctor.

Service tax on foreign bank charges not payable as services not received by exporter

July 1, 2025 846 Views 0 comment Print

The appellant appears to have given a discount on the gross value of the exports which was reflected in the invoice raised by the appellant as well and hence, appellant received 97% of the gross value of the export in its bank account (Bank of Maharashtra).

Notification 153/93-Cus benefit on import prior to CMDA approval granted as other substantial conditions satisfied

June 30, 2025 510 Views 0 comment Print

Madras High Court held that denial of benefit of Notification No. 153/93-Cus dated 13.08.1993 to Software Technology Park on imports undertaken prior to CMDA approval not justified as substantial requirement of notification satisfied.

Attaching pension account for recovery of dues is violative of section 11 of Tamil Nadu Pension Act

June 30, 2025 984 Views 0 comment Print

Madras High Court held that bank account which is designated pension account is exempted from any attachment for recovery of dues and attachment of such account is in violation of the provisions of the Section 11 of the Tamil Nadu Pension Act, 1871.

Addition merely based on difference in Form 26AS and sales disclosed in P&L not sustainable

June 30, 2025 1194 Views 0 comment Print

The present appeal is preferred by the assessee. Notably, assessee has challenged the addition of Rs.54,39,870/- on account of alleged difference received from the contracts on the basis of entries in Form 26AS.

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