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Judiciary

Bank failed to prove measure taken for sale of property is in conformity with SARFAESI provisions

September 10, 2025 540 Views 0 comment Print

DRAT Chennai held that measures taken under SARFAESI Act for sale of property is not in accordance with also since affixture of the impugned sale notice was not proved by the appellant bank and valuation of the property was not properly done.

Notice issued by non-jurisdictional AO was invalid rendered addition u/s 69A void ab Initio

September 10, 2025 453 Views 0 comment Print

Notice issued by a non-jurisdictional AO was invalid rendering the addition under Section 69A void ab initio. It directly impacted the validity of the assessment under Section 69A, leading to the complete annulment of the additions.

Levy of 2% TDS on reimbursable expense in case of CHA: Matter remanded as documents not produced

September 10, 2025 384 Views 0 comment Print

Madras High Court held that matter of leviability of 2% TDS on reimbursable expenses in case of Customs House Agent [CHA] is remanded back since assessee failed to produce supporting documentary evidence.

Calcutta HC Quashes 200% GST Penalty on Goods Transport: No Mens Rea Found

September 10, 2025 675 Views 0 comment Print

The Calcutta High Court sets aside a 100% GST penalty, ruling that a stock transfer with proper documentation but without a registered “additional place of business” does not warrant a penalty.

Liability of customs duty on preloaded software on imported navigation devices

September 10, 2025 1011 Views 0 comment Print

There was no reason to interfere with the order of the Commissioner enhancing the value of the touch media device by including the value of the licence software imported subsequently and confirmed the differential duty demanded with interest and imposition of penalty.

Multiple residential unit construed as single residential house for exemption u/s. 54

September 10, 2025 1050 Views 0 comment Print

ITAT Delhi held that multiple residential units on same floor is construed as single residential house for purpose of exemption under section 54 of the Income Tax Act. Accordingly, exemption u/s. 54 allowed and addition deleted.

Failure to oversee clearance of re-export goods in domestic market is violation on part of Customs Broker

September 10, 2025 393 Views 0 comment Print

Delhi High Court held that Customs Broker failure to oversee the clearance and the warehousing of the goods imported with intention to re-export leading to diversion of the goods in the domestic market is a clear violation. However, suspension of license for 13 months is sufficient.

ITAT Kolkata Upholds ₹17.10 Cr Penny Stock Addition

September 10, 2025 1110 Views 0 comment Print

ITAT Kolkata upholds Rs.17.10 crore penny stock addition against Narayan Suppliers Pvt Ltd, flags money laundering, and directs case referral to ED and CBI for further probe.

Penny Stock Case: Reassessment Notice u/s 148 Issued by JAO Held Invalid

September 10, 2025 960 Views 0 comment Print

ITAT Chennai invalidated reassessment in Pawan Cargo Forwards’ case due to notice issued by JAO, not FAO, violating the CBDT’s 2022 faceless scheme. Penny stock addition deleted.

Liability of guarantor coextensive with that of borrower hence CIRP application u/s. 7 of IBC admitted

September 10, 2025 522 Views 0 comment Print

NCLT Chennai held that as per section 128 of the Indian Contract Act, the liability of guarantor is coextensive with that of the Borrower. Accordingly, application u/s. 7 of Insolvency and Bankruptcy Code against Corporate Guarantor admitted.

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