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CA Certificate Cannot Be Disregarded Without Evidence to contrary: CESTAT Delhi

April 23, 2025 1347 Views 0 comment Print

Thus, it is evident that the appellant had not passed the burden of duty to the customers in respect of the duty paid on the 4 Bills of Entry and was shown as recoverable from the customs department.

Section 68 Addition unsustainable as LTCG Non-Genuineness Not Proven: ITAT Ahmedabad

April 23, 2025 804 Views 0 comment Print

ITAT Ahmedabad held that addition under section 68 of the Income Tax Act unsustainable since revenue/ department failed to establish that LTCG earned is non-genuine. Accordingly, appeal of revenue dismissed.

Preliminary inquiry is not mandatory under all corruption cases: Supreme Court

April 23, 2025 777 Views 0 comment Print

Supreme Court held that that the preliminary inquiry is not mandatory under the Prevention of Corruption Act, 1988 when the secret information itself discloses the commission of offences. Accordingly, appeal is allowed.

Companies Act: NCLAT Grants Section 244(1)(b) Waiver for Oppression & Mismanagement Petition

April 23, 2025 1017 Views 0 comment Print

NCLAT Delhi held that granting waiver u/s. 244(1)(b) of the Companies Act, 2013 justified in a petition alleging oppression and mismanagement in the Calcutta Cricket & Football Club. Accordingly, appeal dismissed.

Section 34 CPC Empowers Court to Decide Interest Rate in Absence of Agreement: SC

April 23, 2025 6834 Views 0 comment Print

That apart, the Courts have the discretion to decide whether the interest is payable from the date of institution of the suit, a period prior to that, or from the date of the decree, depending on the specific facts of each case.

Assessment Order Violates Natural Justice Due to SOP u/s 144B Breach: Bombay HC

April 23, 2025 2352 Views 0 comment Print

Bombay High Court held that department have acted contrary to the SOP under section 144B of the Income Tax Act violating the principles of natural justice. Accordingly, assessment order passed thereon is liable to be quashed.

Telangana HC dismisses writ and directs Petitioner to Appeal on Customs Penalty

April 23, 2025 540 Views 0 comment Print

Telangana High Court directed petitioner to file an appeal before appellate authority due to availability of alternative remedy in the matter of imposition of penalty under section 114(iii) of the Customs Act.

Section 148 Reopening based on incorrect facts & reasons is invalid: ITAT Delhi

April 23, 2025 2970 Views 0 comment Print

ITAT Delhi held that reopening of assessment under section 148 of the Income Tax Act based on incorrect facts and incorrect recording of reasons is invalid and bad-in-law. Accordingly, reopening is liable to be quashed.

Penalty u/s 271(1)(c) Justified for Concealment via Bogus Share Capital: ITAT Delhi

April 23, 2025 1314 Views 0 comment Print

ITAT Delhi held that concealment of income via bogus share capital transaction duly attracts levy of penalty under section 271(1)(c) of the Income Tax Act. Accordingly, appeal of assessee dismissed and penalty upheld.

Section 153D Approval granted mechanically vitiates entire assessment: ITAT Delhi

April 23, 2025 882 Views 0 comment Print

ITAT Delhi held that approval memo u/s. 153D of the Income Tax Act is totally silent on the issues involved and has been granted omnibus approval without any thoughtful process being discernible. Thus, assessment order vitiated due to such mechanical approval.

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