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Judiciary

ITAT Jaipur Clarifies Survey Income Taxation, Partner Remuneration & Sec 115BBE

September 15, 2025 615 Views 0 comment Print

The ITAT dismisses a taxpayer’s claim for expenses against income disclosed during a survey but sets aside the application of a higher tax rate on the same income.

ITAT Delhi Deletes MAT Adjustment on Goodwill Amortisation

September 15, 2025 636 Views 0 comment Print

ITAT Delhi deleted MAT addition on goodwill amortisation in SC Johnson case, noting it was recorded under a court-approved scheme and fully disclosed in audited accounts. 

PCIT Cannot Rush u/s 263 Without Giving Assessee Adequate Opportunity

September 15, 2025 333 Views 0 comment Print

The ITAT Bangalore quashed a PCIT order, ruling that the premature hearing and subsequent order violated natural justice, remitting the case for a fresh hearing.

CIT(A) Must Decide on Merits, Not Dismiss for Default

September 15, 2025 282 Views 0 comment Print

The ITAT Bangalore ruled that the CIT(A) erred by dismissing a tax appeal without a hearing, violating natural justice. The case was remanded for a fresh hearing.

Section 173(5) Cr. P.C. cannot be invoked based on private complaint under Central Excise Act

September 15, 2025 330 Views 0 comment Print

Madras High Court held that section 173(5) Cr.P.C., 1973, is attracted only to cases instituted on police reports. Accordingly, the same cannot be invoked based on a police report but on a private complaint under the Central Excise Act, 1944.

Withdrawal of CIRP allowed based on unconditional consent accorded by sole Financial Creditor

September 15, 2025 348 Views 0 comment Print

NCLT Delhi held that application filed u/s. 12A of Insolvency and Bankruptcy Code [IBC] for withdrawal of CIRP allowed as unconditional consent accorded by the sole Financial Creditor. Accordingly, application allowed.

Addition of bogus LTCG not sustained as shares sold via recognized stock exchange and STT paid

September 15, 2025 525 Views 0 comment Print

ITAT Ahmedabad held that addition of LTCG u/s. 68 of the Income Tax Act by treating transaction as bogus cannot be sustained since shares were sold via recognized stock exchange and Security Transaction Tax [STT] duly paid and assessee’s involvement in manipulation of price not pointed.

No tax on corresponding Interest Income on asset transfer to SPVs as it amounted to Double Taxation

September 15, 2025 366 Views 0 comment Print

Disallowance of ₹28,99,56,987/- towards finance costs on securitization transactions had no basis, as the interest income rightly belonged to the SPVs and not the assessee. Likewise, the addition of ₹1,61,82,000/- under section 69A read with section 115BBE was unjustified since the cash deposits in Specified Bank Notes represented genuine loan repayments from microfinance borrowers and could not be treated as unexplained.

Petition against GST SCN without providing reply is held to be premature

September 15, 2025 663 Views 0 comment Print

Madras High Court held that writ petition against SCN demanding GST on construction of Mauritius Supreme Court cannot be entertained since the petition is premature and right course is to file detailed replay against the same.

Steel grip insulating tape is an insulator liable to taxed @5% under M.P VAT Act

September 15, 2025 1125 Views 0 comment Print

Madhya Pradesh High Court held that steel grip insulating tape is an insulator and liable to be taxed under Entry 50 Part – II Schedule – II of the Madhya Pradesh Value Added Tax Act, 2002 [M.P. VAT Act] @ 5%. Accordingly, writ allowed.

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