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Judiciary

Supply of Calcined Pet Coke by domestic calciners to SEZ is permissible under FTP

September 29, 2025 870 Views 0 comment Print

Telangana High Court held that supply of Calcined Pet Coke by domestic calciners to Special Economic Zone [SEZ] is permissible under Foreign Trade Policy, 2023 [FTP] and order dated 15.02.2024 of Commission for Air Quality Management [CAQM]. Accordingly, writ stands disposed of.

Reassessment notice was invalid if it was issued beyond the calculated “surviving time” or “last date” time limit

September 29, 2025 1044 Views 0 comment Print

Since the last date, or the surviving time, for issuing a valid notice under Section 148 for this specific case was June 17, 2022 and the actual notice was issued on August 24, 2022, it was clearly barred by limitation.

Loss on foreign currency derivative transaction and exchange rate difference allowed as expense

September 29, 2025 381 Views 0 comment Print

ITAT Ahmedabad held that loss on foreign currency derivative transactions and loss on account of exchange rate difference are not speculative in nature and hence the same is allowable as business expense. Accordingly, order passed by Pr. CIT u/s. 263 directed to be quashed.

Final assessment order beyond period prescribed u/s. 144C(13) is barred by limitation

September 29, 2025 879 Views 0 comment Print

ITAT Delhi held that as per section 144C(13) of the Income Tax Act final assessment order is to be passed within one month from the end of the month in which directions issued by DRP is received by AO. Assessment order passed beyond the period prescribed u/s. 144C(13) is time barred and liable to be quashed.

No Writ Jurisdiction in GST Penalty Deduction from Navy Payments: Kerala HC

September 29, 2025 369 Views 0 comment Print

Kerala High Court held that reliefs sought in writ cannot be entertained as debit of penalty from amount receivable could only be treated as dispute arising from contract entered between petitioner and department. However, dispute arising out of a contract cannot be resolved in writ petition of this nature.

Notional interest disallowance u/s. 36(1)(vii) quashed as interest on borrowed fund allowable as revenue expense

September 29, 2025 570 Views 0 comment Print

ITAT Cochin held that disallowance of notional interest u/s. 36(1)(viii) of the Income tax Act set aside since borrowed funds were used for renovation of leasehold premises and the same is allowed as revenue expense and hence interest on such borrowing is allowed as revenue expense.

STCG tax paid u/s. 111A cannot be reclassified u/s. 68 r.w.s. 1115BBE without any basis

September 29, 2025 453 Views 0 comment Print

ITAT Nagpur held that short term capital gain tax paid under section 111A @15% cannot be reclassified as taxable under section 68 read with section 115BBE of the Income Tax Act without any basis. Accordingly, appeal of revenue dismissed.

Order passed without granting opportunity as required u/s. 75(4) of GST Act is liable to be quashed

September 29, 2025 828 Views 0 comment Print

Gujarat High Court held that order passed without granting opportunity as provided in section 75(4) of the Gujarat Goods and Services Tax Act, 2017 [GST Act] is quashed and set aside as the same is non-speaking order and is in breach of principles of natural justice.

Fixed-Term Staff Also Qualify: ITAT Delhi Allows ₹24.16 Cr Deduction u/s 80JJAA to Manpower Services

September 29, 2025 1698 Views 0 comment Print

The ITAT Delhi allowed Manpower Services India Pvt. Ltd. a ₹24.16 Cr deduction u/s 80JJAA, ruling that fixed-term employees qualify under the amended law if PF/ESI conditions are met.

ITAT Mumbai Quashes PCIT’s 263 Order Passed Without Notice & Beyond Limitation

September 29, 2025 714 Views 0 comment Print

The ITAT Mumbai struck down a PCIT’s Section 263 revisionary order against Hampi Expressways, ruling it void because it was passed without issuing a show cause notice or hearing the taxpayer on the final day of the two-year limitation period.

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