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Judiciary

Gauhati HC Sets Aside Service Tax Demand of ₹16.37 Lakh for Lack of Proper Notice

September 6, 2025 294 Views 0 comment Print

Gauhati High Court has set aside a service tax demand, ruling that tax authority failed to prove it served show-cause notice to petitioner, and has remanded case back for a new hearing.

IGST can be adjusted against CGST/SGST liabilities: Kerala HC

September 6, 2025 1143 Views 0 comment Print

Kerala HC set aside an order against a rice and dairy products trader, directing tax authorities to re-evaluate disallowance of ITC in light of a recent judicial precedent that treats ITC as a fungible pool of funds.

Interest on Delayed Statutory Payments Deductible as Business Expense: ITAT Cochin

September 6, 2025 1098 Views 0 comment Print

The ITAT Cochin ruled that interest on delayed payments of TDS and other statutory dues is compensatory and an allowable business expenditure under the Income Tax Act.

Excess Service Tax Can Be Adjusted Beyond Immediate Month/Quarter under Rule 6(4A)

September 6, 2025 528 Views 0 comment Print

CESTAT Kolkata has ruled that excess service tax can be adjusted beyond the immediate succeeding month or quarter, allowing BSNL to claim a refund of over ₹11 lakh.

ITAT Ahmedabad Remands Capital Gain & Section 50C Addition for Fresh Verification

September 6, 2025 417 Views 0 comment Print

The ITAT Ahmedabad has remanded a capital gains tax case for reconsideration, citing a need for proper verification of the property’s sale consideration and stamp duty valuation.

Double Demand on ITC Mismatch Unsustainable: Orissa High Court

September 6, 2025 735 Views 0 comment Print

The Orissa High Court has set aside a tax demand order against Sai Sitaram Construction, ruling that it illegally included a GST amount already levied for the same tax period.

Service Tax: SSI Limit to Be Calculated on Abated Value of Restaurant Services

September 6, 2025 531 Views 0 comment Print

CESTAT rules that the 60% abatement on restaurant services must be excluded when calculating the small-scale industry exemption limit, reversing a tax demand.

Broker Transactions through Banking Channel Not Unexplained Cash Credit

September 6, 2025 468 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) in Mumbai ruled in favor of Darius Sam Motashaw, deleting an unexplained cash credit addition of Rs. 2.85 lakhs. The court found that the assessing officer failed to investigate the source of funds received from the assessee’s broker via a banking channel, shifting the burden of proof incorrectly.

No violation of Article 14 in denying Property Tax exemption to unaided schools

September 5, 2025 816 Views 0 comment Print

Even though the purpose for which such buildings were used was one and the same, irrespective of the persons/institutions owned, managed and aided such institutions, the fact that, the manner in which the institution was rendering services made out a crucial distinction

Search-Based Assessment Falls Under Section 153C, Not 147 – ITAT Bangalore Quashes Addition

September 5, 2025 741 Views 0 comment Print

The ITAT Bangalore has quashed a reassessment order, ruling that a tax addition based on documents seized in a third-party search must be made under Section 153C, not 147.

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