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Despatch Money Cannot Be Taxed as Port Service Due to Lack of Independent Activity

March 27, 2026 369 Views 0 comment Print

The case examined whether despatch money received for faster cargo unloading qualifies as taxable port service. The Tribunal held it is a contractual incentive linked to freight terms, not consideration for a service, and hence not taxable.

Deployment of staff falls under manpower supply, not cargo handling: CESTAT Allahabad

March 27, 2026 315 Views 0 comment Print

The issue involved classification of services related to rake movement. The Tribunal held that deployment of staff falls under manpower supply, not cargo handling. The takeaway is that correct classification determines tax liability.

ITAT Hyderabad Dismissed Appeal as 2345-Day Delay Not Justified by Sufficient Cause

March 27, 2026 411 Views 0 comment Print

The case examined whether a 2345-day delay could be condoned based on reasons like miscommunication and financial hardship. The Tribunal held that vague explanations and negligence do not qualify as sufficient cause, leading to dismissal of appeals.

CSR Donations Allowed Under Section 80G Because No Express Legal Bar: ITAT Pune

March 27, 2026 693 Views 0 comment Print

The issue was whether CSR expenditure qualifies for deduction under section 80G. The Tribunal held that deduction is allowable as there is no specific prohibition except for certain funds.

Unexplained Delay Of 600 Days Not Justified: SC Dismisses SLP Against Mphasis Ltd

March 27, 2026 504 Views 0 comment Print

CIT & Anr. Vs MPHASIS Limited (Supreme Court of India) The Supreme Court of India dismissed a Special Leave Petition (SLP) filed by the Revenue on the ground of an unexplained delay of 600 days. The Court noted that no satisfactory explanation had been provided to justify condonation of such delay and, accordingly, dismissed the […]

Section 201 Proceedings Time-Barred for initiation Beyond Reasonable Time Limit

March 27, 2026 600 Views 0 comment Print

The issue involved limitation for initiating proceedings where no statutory time limit exists. The Court upheld that actions must still be within a reasonable period. The takeaway is that absence of explicit limitation does not permit indefinite action.

Section 54 Benefit Granted as Possession of Under-Construction Flat Taken Within 3 Years

March 26, 2026 804 Views 0 comment Print

The Tribunal held that booking a flat in an under-construction project qualifies as construction. Since possession was obtained within three years, full deduction under section 54 was allowed.

LTCG Cannot Be Treated as Bogus Solely on Investigation Report: ITAT Mumbai

March 26, 2026 441 Views 0 comment Print

The Tribunal held that long-term capital gains cannot be treated as bogus based solely on investigation reports. In absence of independent inquiry or evidence, the addition was deleted.

ITAT Mumbai Rejects Revenue Appeals as Income Tax Effect Falls Below CBDT Limit

March 26, 2026 495 Views 0 comment Print

The Tribunal dismissed the appeals as the tax effect was below the CBDT’s prescribed limit. The case was not examined on merits due to non-maintainability.

Preference Share Transactions Cannot Be Treated as Loans Without Evidence: ITAT Mumbai

March 26, 2026 426 Views 0 comment Print

The ruling rejected re-characterization of share transactions as loans in absence of exceptional circumstances. Interest imputation on such transactions was deleted.

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