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Section 56(2)(x) Applicability Depends on Agreement Date; Mistaken Tax Payment Refundable: ITAT Mumbai

Income Tax : ITAT Mumbai remanded the case to examine whether Section 56(2)(x) applied based on the agreement date and to consider refund of ex...

July 6, 2026 1653 Views 0 comment Print

ITAT Directs TDS Refund Despite Delayed E-Verification; Revenue Cannot Retain Tax on Technical Grounds

Income Tax : The Tribunal ruled that technical lapses in e-verification cannot override a taxpayer's lawful entitlement to a refund. Once the d...

June 17, 2026 456 Views 0 comment Print

CIT(A) Cannot Dismiss Appeal for Non-Payment of Advance Tax in Reassessment: ITAT Indore

Income Tax : ITAT Indore held that Section 249(4)(b) does not apply in reassessment proceedings where no advance tax obligation arises. The dis...

February 23, 2026 1092 Views 0 comment Print

Section 197 Certificate Quashed Because DAPE Finding Was Overturned

Income Tax : The Delhi High Court held that a withholding tax certificate cannot stand once the ITAT sets aside the finding of a dependent agen...

December 24, 2025 426 Views 0 comment Print

Knitted readymade garments classified under CTH 6102 hence 10% drawback admissible

Custom Duty : CESTAT Kolkata held that knitted readymade garments are classifiable under Customs Tariff Heading 6102 and, accordingly, the drawb...

December 18, 2025 498 Views 0 comment Print


Latest Posts in sections 240

Section 56(2)(x) Applicability Depends on Agreement Date; Mistaken Tax Payment Refundable: ITAT Mumbai

July 6, 2026 1653 Views 0 comment Print

ITAT Mumbai remanded the case to examine whether Section 56(2)(x) applied based on the agreement date and to consider refund of excess tax paid.

ITAT Directs TDS Refund Despite Delayed E-Verification; Revenue Cannot Retain Tax on Technical Grounds

June 17, 2026 456 Views 0 comment Print

The Tribunal ruled that technical lapses in e-verification cannot override a taxpayer’s lawful entitlement to a refund. Once the delay was condoned and the return accepted, denial of the refund was held unjustified.

CIT(A) Cannot Dismiss Appeal for Non-Payment of Advance Tax in Reassessment: ITAT Indore

February 23, 2026 1092 Views 0 comment Print

ITAT Indore held that Section 249(4)(b) does not apply in reassessment proceedings where no advance tax obligation arises. The dismissal of appeal without examining merits was set aside and the matter remanded for fresh adjudication.

Section 197 Certificate Quashed Because DAPE Finding Was Overturned

December 24, 2025 426 Views 0 comment Print

The Delhi High Court held that a withholding tax certificate cannot stand once the ITAT sets aside the finding of a dependent agent PE. Since the Revenue relied solely on quashed assessment orders, the 8.75% TDS was invalid.

Knitted readymade garments classified under CTH 6102 hence 10% drawback admissible

December 18, 2025 498 Views 0 comment Print

CESTAT Kolkata held that knitted readymade garments are classifiable under Customs Tariff Heading 6102 and, accordingly, the drawback rate would be 10% of FOB value. Accordingly, the appeal filed by appellant is disposed of.

CBDT Circular Cannot Override Statutory Provisions by Prescribing Limitation Period Absent in Income Tax Act

March 5, 2025 1533 Views 0 comment Print

The writ petitioner impugns the order dated 27 March 2018 in terms of which the respondent has come to reject applications filed by it seeking refund of excess tax wrongly deducted and deposited u/s. 195 of the Income Tax Act, 1961.

Income Tax Refund Cannot Be Withheld for Non-Functionality of TRACES Portal

January 6, 2025 5631 Views 0 comment Print

Madhya Pradesh High Court directs refund with interest to Birla Corporation Limited, ruling on delays in tax refunds and TRACES Portal issues.

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