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No leviability of property tax without following statutory assessment procedure u/s 233 Of Kerala Municipality Act

July 19, 2025 582 Views 0 comment Print

Property tax couldn’t be levied without following statutory assessment procedure under Section 233 of Kerala Municipality Act, 1994 as in the absence of a valid levy, there could not have been an assessment to tax

Refund of anti-dumping duty when paid by mistake in self-assessment as it lacks legal character of ‘duty’

July 19, 2025 783 Views 0 comment Print

Assessee had added the amount of Anti-dumping duty while self-assessing the customs duty liability  which could not take the character of duty, therefore, the amount should not have been retained and was refundable.

No penalty u/s 271(1)(c) as ALP recomputed by TPO was invalid as assesee followed prescribed method (TNMM) u/s 92C

July 19, 2025 510 Views 0 comment Print

Penalty under section 271(1)(c) was not to be levied as Explanation 7 to section 271(1)(c), which specifically governs penalty in transfer pricing cases, was neither invoked during the initiation nor discussed while levying the penalty and  neither TPO nor CIT(A) ever held that the ALP was computed outside the statutory provisions, or that the study report lacked diligence or was not prepared in good faith.

Deduction of Interest and Management expenses was allowable due to business purpose u/s 36(1)(iii) and 37(1) 

July 16, 2025 411 Views 0 comment Print

Aggrieved by CIT(A)’s order, Revenue filed an appeal before ITAT. Revenue argued that AO’s disallowances were justified, particularly the allocation of interest to joint venture accounts and the disallowance of management and land development expenses due to insufficient evidence.

NCLAT upheld admission of Insolvency application & dismissed appeal by Former Promoter

July 14, 2025 549 Views 0 comment Print

The Corporate Debtor failed to maintain financial discipline following which the account of the Corporate Debtor was classified as NPA which was also reflected in Part-IV of the Section 7 application filed by the Financial Creditor.

Assessee-Trust’s 12AB Registration Cannot Be Cancelled for Procedural Lapses

July 14, 2025 1260 Views 0 comment Print

The cancellation of registration under Section 12AB was not justified as PCIT lacked jurisdiction and that the “specified violation” clause under Section 12AB(4) was inapplicable for the financial years in question.

Deptt. remanded case back as tax payer was unable to opt for hearing due to portal glitch

July 8, 2025 381 Views 0 comment Print

Court had conditionally remanded an income tax assessment order after the petitioner was unable to opt for a personal hearing due to a technical glitch in the e-filing portal. Denial of a hearing due to system failure constituted a violation of the principles of natural justice.

Deduction u/s 54F was allowable even if construction of new house commenced before sale of capital asset

July 7, 2025 756 Views 0 comment Print

Appellate Authority held assessee’s investment in construction subsequent to the date of sale and investment in the eligible project even after the project of the house was started beyond one year will be eligible for exemption under Section 54F.

Service Tax Applicable on Printing Charges: Exemption under S.No. 30 of Notification 25/2012-ST Not Available

July 4, 2025 591 Views 0 comment Print

Assessee invoiced the client department for a consolidated sum towards the amounts charged by the empanelled agencies, service tax on their services and 10% or 15% as its service charges and service tax on its service charges.

Order for denial of Duty Drawback Claim of 2015 was quashed in absence of issuance of mandatory deficiency memo u/r 13(3)(a)

July 3, 2025 831 Views 0 comment Print

According to assessee, these claims were arbitrarily “zeroed out” in June 2018 without any speaking order or prior intimation, and without issuing a deficiency memo highlighting the alleged deficiencies in the claims.

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