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Custodian of imported goods liable to pay customs duty on pilferage: CESTAT Delhi

February 5, 2025 786 Views 0 comment Print

CESTAT Delhi held that as per section 45 of the Customs Act, 1962, being the custodian of imported goods, appellant was burdened with the responsibility of safe custody of the imported goods.

Revision u/s. 263 based on audit objections justified as no verification done by AO

February 5, 2025 1269 Views 0 comment Print

Punjab and Haryana High Court held that revisionary proceedings under section 263 of the Income Tax Act on the basis of audit objections raised by audit party justifiable since there was no verification done by AO during assessment proceedings.

Violation of FCRA Act without specifying provision cannot be ground to reject application for registration u/s. 12AB

February 4, 2025 786 Views 0 comment Print

ITAT Jaipur held that rejection of application in Form 10AB for registration under section 12AB of the Income Tax Act alleging violation of FCRA Act without specifying the relevant provision is unsustainable in law. Accordingly, matter remanded back to CIT(E).

Seizure of gold bangles worn by foreigner coming to India unjustifiable: Delhi HC

February 4, 2025 1317 Views 0 comment Print

Delhi High Court held that gold bangles worn by foreigner coming to India being part of personal effects is not required to be declared. Accordingly, seizure of such gold bangles by customs department is unjustifiable in law.

Assuming joint ownership and taxing income without proving beneficial interest not tenable

February 4, 2025 1230 Views 0 comment Print

Delhi High Court held that deeming income from house property @50% merely on the assumption that assessee was signatory to the instrument is untenable in law since assessee doesn’t own beneficial interest in the property.

Market development expense towards sale of product is revenue expenditure: ITAT Mumbai

February 4, 2025 414 Views 0 comment Print

ITAT Mumbai held that market development expenses towards sale of product is revenue in nature hence denial of same is unsustainable. Accordingly, market development expenses being revenue expenditure is allowed as deduction.

Proceedings against deceased person is null and void: Karnataka HC

February 4, 2025 1095 Views 0 comment Print

Karnataka High Court held that Assessment Order and other proceedings taken up against the deceased are all null & void. Also held that proceedings initiated against deceased person by issuing notice after demise cannot be continued against the legal representative.

Addition u/s. 40(a)(ia) not sustained as profit is estimated by applying net profit rate

February 1, 2025 1086 Views 0 comment Print

ITAT Jodhpur held that if the books of accounts are rejected, and net profit is estimated by application of net profit rate, there cannot be again addition on account of any disallowance based on the same set of books of accounts. Thus, addition u/s. 40(a)(ia) set aside.

Denial of exemption u/s. 54B for purchase of agricultural land in name of wife not justified

February 1, 2025 966 Views 0 comment Print

ITAT Delhi held that denial of exemption under section 54B of the Income Tax Act for purchase of agricultural land in the name wife of the assessee is not justifiable. Accordingly, denial of benefit of deduction set aside.

Extension of moratorium period beyond 180 days impermissible: NCLAT Delhi

February 1, 2025 810 Views 0 comment Print

NCLAT Delhi held that as per expressed provisions of section 101(1) of the Insolvency and Bankruptcy Code, 2016 moratorium period cannot be extended beyond 180 days. Accordingly, appeal dismissed.

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