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Judiciary

No reassessment as notice was issued beyond the time limit calculated per the Rajeev Bansal Ruling

September 25, 2025 1380 Views 0 comment Print

Assessee did not comply with subsequent statutory notices, leading to an ex-parte assessment order under section 144, where the entire cash deposit was added back to its income under section 69A.

Laptop Data Alone Cannot Justify Reopening u/s 148: Excel Sheets Not Books or Assets

September 25, 2025 1050 Views 0 comment Print

ITAT Hyderabad rules Excel sheets from an accountant’s laptop aren’t ‘books’ or ‘assets,’ quashing reassessment notices against Exel Rubber for mechanical sanction and insufficient evidence.

No leviability of tax on Management Fee as FTS in absence of ‘make available’ technical know-how under the India-Singapore DTAA

September 25, 2025 885 Views 0 comment Print

Recurring advisory/consultancy services without transfer of know-how/technical skill did not satisfy “make available” requirement under Article 12(4)(b) DTAA and therefore, payments couldn’t be taxed as FTS.

ITAT Deletes Rs. 8.5 Lakh Gift Addition, Citing Donor’s Balance Sheet Capacity

September 25, 2025 435 Views 0 comment Print

ITAT Kolkata deletes Rs.8.5 lakh addition for cash gift against Abdus Sattar. Tribunal ruled that the donor’s capacity must be judged by his balance sheet, not just current income, reversing the CIT(A)’s finding.

ITAT Deletes Rs. 50 Lakh Stock Addition: AO Failed to Reject Books of Account

September 25, 2025 528 Views 0 comment Print

ITAT Kolkata deletes Rs.50 lakh addition for excess stock found during survey, ruling the AO failed to point out defects or reject audited books. Assessee had already accounted for the stock and paid advance tax.

Payments to transporters with valid PAN details not attracts TDS disallowance

September 25, 2025 891 Views 0 comment Print

ITAT Kolkata partially allows appeal for Sukumar Solvent, slashing additions. Tribunal ruled only the 12% profit margin on excess stock is taxable and that TDS on freight is not required if PAN is provided by the transporter.

Levy of export duty on goods supplied from DTA to SEZ not justifiable: Supreme Court

September 25, 2025 1266 Views 0 comment Print

Supreme Court held that High Court has rightly arrived to the conclusion that the levy of export duty on goods supplied from the Domestic Tariff Area [DTA] to the Special Economic Zone [SEZ] is not justified.

CIRP by Aditya Birla Finance Ltd. u/s. 7 of IBC against Priya Food Products Ltd. admitted

September 25, 2025 468 Views 0 comment Print

NCLT Kolkata held that application for initiation of Corporate Insolvency Resolution Process u/s. 7 of the Insolvency and Bankruptcy Code by Aditya Birla Finance Limited [Financial Creditors] against Priya Food Products Limited [Corporate Debtor] admitted as default in payment of financial debt established.

Clerical Mistake Not a Misreporting for Section 270A Penalty for Charitable Institutions

September 25, 2025 1737 Views 0 comment Print

ITAT Kolkata deletes S. 270A penalty on St. Peters School for disallowed depreciation. Tribunal ruled the incorrect claim was a bona fide clerical error, not misreporting, citing the Reliance Petro and Price Water House SC judgments.

ITAT Kolkata Allows Deduction of Outstanding Service Tax in Income Tax Return

September 25, 2025 321 Views 0 comment Print

ITAT Kolkata deletes Rs.19.37 lakh disallowance of Service Tax against Space Out of Home. Tribunal found the AY 2018-19 portion was paid in time and the balance was pending appeal before the CGST authority.

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