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Independent enquiry u/s. 23(1)(a) can be made by AO to determine annual value u/s. 22

August 28, 2025 735 Views 0 comment Print

Bombay High Court held that if municipal rateable value doesn’t depict correct annual value, AO can make independent enquiry under section 23(1)(a) of the Income Tax Act and determine the sum which the property is reasonably expected to fetch for purpose of determining annual value u/s. 22.

SCN issued by DRI officer in drawback matter is jurisdictionally valid

August 28, 2025 741 Views 0 comment Print

CESTAT Chennai held that Directorate of Revenue Intelligence [DRI] has jurisdiction to issue a show cause notice [SCN] in the case of drawback. Accordingly, plea of appellant of DRI officers lacked jurisdiction failed.

Delay of one day in filing GST appeal condoned as reason found to be genuine

August 28, 2025 549 Views 0 comment Print

Madras High Court held that delay of one day in filing of an appeal before appellate authority is condoned since reason for delay appears to be genuine. Accordingly, delay condoned and respondent/ department directed to take appeal on record.

Delay in filing From 67 is only procedural lapse: Madras HC

August 26, 2025 843 Views 0 comment Print

While so, the 2nd respondent sent a communication to the petitioner dated 14.05.2020 stating that relief under Section 90 of the Act i.e. Foreign tax credit was not considered, for the reason that Form 67 was not submitted along with income tax return.

Bogus purchases addition directed due to non-response to notices u/s. 133(6) and summons u/s. 131

August 26, 2025 642 Views 0 comment Print

ITAT Pune held that addition towards bogus purchases adopting profit rate of 5% is justifiable since suppliers neither responded to notices issued u/s. 133(6) nor appeared before AO in response to summons issued u/s. 131.

Section 43CA doesn’t apply when market value is more than agreed value as on date of booking

August 26, 2025 816 Views 0 comment Print

ITAT Pune held that provisions of section 43CA of the Income Tax Act doesn’t apply when the market value (Govt. value) is more than the agreed value as on the date of booking and market value has gone up during long gap between the date of booking and the date of sale.

Book profits u/s. 115JB not to be increased by adding disallowance u/s. 14A

August 26, 2025 414 Views 0 comment Print

ITAT Mumbai held that increasing book profits under section 115JB of the Income Tax Act on account of disallowance u/s. 14A read with rule 8D is not justifiable. Accordingly, appeal of the assessee allowed.

De novo adjudication granted in matter of taxability of industrial promotion subsidy

August 26, 2025 435 Views 0 comment Print

ITAT Mumbai remitted matter of taxability of industrial promotion subsidy back to CIT(A) for de novo meritorious adjudication as details and documents demanded thereon were not furnished by the assessee.

Delay in filing appeal condoned as caused due to rejection of rectification application u/s. 161 of TNGST Act

August 26, 2025 501 Views 0 comment Print

Madras High Court held that delay in filing of an appeal condoned since rectification application u/s. 161 of TNGST Act, 2017 was preferred first and due to rejection of the same the appeal was filed belatedly. Accordingly, delay condoned.

Order revoking Customs Broker License quashed as time limit under regulation 17 not adhered

August 26, 2025 762 Views 0 comment Print

CESTAT Delhi held that order revoking Customs Broker License set aside on account of breach of time limit contemplated under regulation 17 of the Customs Broker Licensing Regulation 2018. Accordingly, appeal of the assessee allowed.

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