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Excess Stock taxable as Business Income, Not U/S 115BBE: ITAT Pune

June 5, 2025 594 Views 0 comment Print

ITAT Pune rules excess stock declared during survey is business income, not unexplained income under 115BBE, if linked to regular business activities.

SC Overturns HC Order in Power Dispute as alternate remedy existed

June 5, 2025 1035 Views 0 comment Print

Supreme Court quashes HC order in Jaipur Vidyut vs MB Power. Stresses using statutory remedy under Electricity Act before writ. HC mandamus against public interest.

Compensation for Continuing Job Contract Work is allowable Business Expense

June 5, 2025 894 Views 0 comment Print

ITAT Kolkata allows Farseen Rubber Industries’ Rs 1 Cr compensation to JK Tyre, ruling it a commercial expense, not an offense under Section 37.

Compensatory Demurrage & Punitive Charges Allowable as Business Expense

June 5, 2025 1308 Views 0 comment Print

ITAT Kolkata dismisses revenue appeal in DCIT vs Ripley & Co. Ltd., affirming demurrage and penalty charges as allowable business expenses, not penal, citing key judicial precedents.

HC Remands Case: Directs AO to Pass Speaking Order Addressing Petitioner’s Objections

June 5, 2025 915 Views 0 comment Print

Gujarat High Court sets aside Section 148 notice and assessment for AY 2013-14 in Shilp Realty case, citing lack of independent application of mind and non-speaking order on objections.

Excess Stock is Business Income & Not taxable under section 115BBE

June 5, 2025 675 Views 0 comment Print

ITAT Indore rules excess stock surrendered during survey by Suresh Aluminium is business income, not unexplained, directing normal tax rates. Cites key precedents.

Section 263 Proceedings Not Justified for Failure to Initiate Penalty Proceedings

June 5, 2025 1440 Views 0 comment Print

Punjab & Haryana HC rules CIT cannot direct penalty initiation via Section 263, reinforcing independence of assessment and penalty proceedings.

Gujarat HC Quashes Tax Notice for Factual Error: Loan Given, Not Received

June 5, 2025 1257 Views 0 comment Print

Gujarat HC sets aside reassessment for Krupesh Thakkar. AO incorrectly invoked Sec 2(22)(e) for a loan assessee gave, not received from Rushil Decor Ltd.

Tax Loss Set-off: Madras HC Rejects Revenue Appeal Citing No Substantial Question of Law

June 5, 2025 615 Views 0 comment Print

The Madras High Court dismissed the Revenue’s appeal regarding the set-off of brought forward business losses against capital gains, citing prior judgment.

Section 147 Notice Invalid: AO Failed to Record Satisfaction & Disclosure Lapses Beyond 4-Year Limit

June 5, 2025 834 Views 0 comment Print

Madras High Court upholds invalidity of reassessment in CIT v. Schwing Stetter India P. Ltd., reinforcing change of opinion doctrine and assessee disclosure.

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