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Interest on housing loan includible in cost of acquisition u/s. 48 provided not claimed as deduction u/s. 24(b)

September 16, 2025 978 Views 0 comment Print

ITAT Bangalore held that interest on housing loan is allowed to be included in cost of acquisition of capital asset under section 48 of the Income Tax Act provided the same is not claimed as deduction u/s. 24(b). Accordingly, matter restored back to AO for verification.

Revision proceedings u/s. 263 set aside as AO already made proper enquiry and examination

September 16, 2025 696 Views 0 comment Print

ITAT Delhi held that revisionary proceedings under section 263 of the Income Tax Act is not justifiable since proper enquiry and examination was made and therefore, there is no error in the order of the AO thus, it is not pre-judicial to the interest of the Revenue.

Import exemption cannot be denied when DGFT licence was valid at time of import but cancelled later

September 16, 2025 1308 Views 0 comment Print

CESTAT Chennai held the denial of import exemption customs authority not justifiable since import was made under DGFT licence which was valid at the time of import and was cancelled by DGFT much later. Accordingly, order set aside and appeal allowed.

Late fee leviable for non-filing of GSTR-9 return even after expiry of three years from due date

September 16, 2025 2238 Views 0 comment Print

Madras High Court held that levy of late fee under section 47(2) of the Tamil Nadu Goods and Services Tax Act, 2017 is upheld for non-filing of annual return in Form GSTR-9 for F.Y. 2021-2022 after expiry of period of three years from due date of furnishing of said return.

CIRP application u/s. 7 of IBC against Fortune Spirit Limited admitted as debt and default proved

September 16, 2025 534 Views 0 comment Print

NCLT Cuttack held that application for initiation of Corporate Insolvency Resolution Process [CIRP] under section 7 of the Insolvency and Bankruptcy Code [IBC] admitted against Corporate Debtor [Fortune Spirit Limited] as debt and default in payment of debt duly proved.

Rule 7 of Central Excise Rules and section 12B of Central Excise Act doesn’t apply in provisional assessment

September 15, 2025 324 Views 0 comment Print

Karnataka High Court held that the provisions of Rule 7 of the Central Excise Rules and Section 12B of the Central Excise Act are not applicable in cases of provisional assessment. Accordingly, appeals of revenue stand dismissed.

Imposition of punishment of censure by Tribunal instead of disciplinary authority cannot be sustained

September 15, 2025 447 Views 0 comment Print

Madras High Court held that Tribunal cannot convert itself into a disciplinary authority and impose punishment of censure. Accordingly, order punishment of censure is liable to be quashed and set aside.

Section 173(5) Cr. P.C. cannot be invoked based on private complaint under Central Excise Act

September 15, 2025 354 Views 0 comment Print

Madras High Court held that section 173(5) Cr.P.C., 1973, is attracted only to cases instituted on police reports. Accordingly, the same cannot be invoked based on a police report but on a private complaint under the Central Excise Act, 1944.

Withdrawal of CIRP allowed based on unconditional consent accorded by sole Financial Creditor

September 15, 2025 366 Views 0 comment Print

NCLT Delhi held that application filed u/s. 12A of Insolvency and Bankruptcy Code [IBC] for withdrawal of CIRP allowed as unconditional consent accorded by the sole Financial Creditor. Accordingly, application allowed.

Addition of bogus LTCG not sustained as shares sold via recognized stock exchange and STT paid

September 15, 2025 534 Views 0 comment Print

ITAT Ahmedabad held that addition of LTCG u/s. 68 of the Income Tax Act by treating transaction as bogus cannot be sustained since shares were sold via recognized stock exchange and Security Transaction Tax [STT] duly paid and assessee’s involvement in manipulation of price not pointed.

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