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Adv (ca) Vijay Gupta

Latest Posts by Adv (ca) Vijay Gupta

Special Bench Rules on Surcharge for Private Discretionary Trusts

April 17, 2025 33 Views 0 comment Print

Araadhya Jain Trust Vs ITO (ITAT Mumbai) Whether surcharge is applicable at respective surcharge slab rate or at maximum surcharge rate in case of the Private Discretionary Trust? In a significant ruling that brings clarity to taxation of Private Discretionary Trusts, the Income Tax Appellate Tribunal (ITAT) Special Bench has held that surcharge on such […]

Section 263 Remand Order Need Not Be Separately Challenged Before Appealing Revised Assessment: Kerala HC

April 17, 2025 63 Views 0 comment Print

Kerala HC rules no separate challenge needed for Sec 263 remand order before appealing revised assessment; restores Malabar Institute’s appeal.

Receipts from Passenger System Solutions not taxable as FTS in India: ITAT Mumbai

April 15, 2025 165 Views 0 comment Print

ITAT Mumbai rules Sita USA’s airline software services not taxable in India under FTS or DTAA. Revenue appeals for AY 2014-15 to 2021-22 dismissed.

Services from SEZ Qualify as Exports; Section 10AA Deduction Allowed: ITAT Chennai

April 7, 2025 1005 Views 0 comment Print

Regarding disallowance under section 10AA, Tribunal found that services provided by appellant to foreign customers from the SEZ did qualify as exports, thus allowing deduction.

PCIT Need Not Issue Detailed Order if Section 151 Approval Shows Application of Mind

April 1, 2025 444 Views 0 comment Print

Delhi High Court ruled on the validity of re-assessment proceedings in PCIT-04 vs Ganesh Ganga Investments Pvt Ltd, focusing on borrowed satisfaction and approval under Section 151.

Section 80G deduction eligible on CSR Expenditure, Even if Mandated by Companies Act: ITAT Delhi 

March 31, 2025 4800 Views 0 comment Print

ITAT Delhi rules in favor of Schenker India, allowing CSR donations under Section 80G despite mandatory nature. Read key takeaways from the case.

Income Tax Treatment of Excise Duty Exemptions: Greenply Industries Case

March 25, 2025 198 Views 0 comment Print

PCIT Vs Greenply Industries Ltd (Gauhati High Court) The Gauhati High Court’s recent judgment in “The Principal Commissioner of Income Tax v. M/s GreenPly Industries Ltd.” provides valuable clarification on the characterization and resultant tax treatment of excise duty exemptions. The court’s decision, delivered on March 4, 2025, addresses two crucial questions: whether excise duty […]

Bombay HC Cracks Down on Tax Evasion Scheme in Buniyad Chemicals Case

March 20, 2025 4737 Views 0 comment Print

Bombay High Court rules on tax evasion by Buniyad Chemicals, addressing unexplained credits, money laundering, and regulatory actions. Key legal insights.

Gujarat HC Awards Interest on Delayed Tax Refund under Vivad Se Vishwas Scheme

March 6, 2025 465 Views 0 comment Print

Gujarat HC orders 6% interest on delayed tax refunds under DTVSV Act, citing principles of natural justice. Refund delays due to account validation issues resolved.

Behind Bars or Beyond: Complexities of Arrests under India’s Customs and GST Laws

March 2, 2025 438 Views 0 comment Print

Supreme Court’s decision in Om Prakash and Another v. Union of India {WRIT PETITION (CRL.) NO.66 OF 2011} established that offences under the Customs Act were non-cognizable and bailable, requiring a warrant for arrest. This ruling emphasized the need for judicial oversight in the arrest process.

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