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Judiciary

ITAT Remand: Rs. 77 Lakh Demonetization Cash Addition in Co-op Society Case

September 25, 2025 294 Views 0 comment Print

ITAT Kolkata remands the Rs.77 lakh Section 69A cash addition against Kulut Samabay Krishi Unnayan Samity Ltd. back to the CIT(A). New evidence on cash source and Section 80P claim to be examined; Rule 46A procedure is mandatory.

ITAT Kolkata Deletes Penalty u/s 271B Where No Books Were Maintained

September 25, 2025 624 Views 0 comment Print

ribunal held that penalty under section 271B cannot be levied without books of account. Only penalty u/s 271A for non-maintenance applies, reduced from ₹1.5 lakh to ₹25,000.

Seizure memo without containing ‘reason to believe’ is invalid

September 25, 2025 963 Views 0 comment Print

Patna High Court held that seizure memo without recording mandatory ‘reason to believe’ as required under Section 110 of the Customs Act, 1962 is invalid and bad-in-law. Accordingly, order of confiscation is liable to be quashed.

ITAT Mumbai Allows Condonation for Rotary Trust’s 12A Re-Registration Error

September 25, 2025 1176 Views 0 comment Print

ITAT Mumbai grants relief to a Rotary Trust, ruling a bona fide error in filing Form 80G instead of 12A justifies condonation of delay for re-registration and Section 11 exemption.

Finance Lease Principal is Capital Recovery – Not Taxable Income: ITAT Mumbai

September 25, 2025 480 Views 0 comment Print

ITAT Mumbai rules that the principal component of a finance lease is a capital recovery, not taxable income. Surrendered depreciation requires exclusion of principal to avoid double taxation.

SEZ Rule 27(1) imposing export duty on supplies from DTA to SEZ is ultra vires

September 25, 2025 1056 Views 0 comment Print

Andhra Pradesh High Court held that 5th Proviso to Rule 27(1) of the Special Economic Zone Rules, 2006 imposing export duty on supplies from Domestic Tariff Area [DTA] to Special Economic Zone [SEZ] is ultra vires. Accordingly, the proviso is struck down and petition is allowed.

Building tax exemption granted to free accommodation to aged and disable person rendering service to charitable institution

September 25, 2025 483 Views 0 comment Print

Kerala High Court held that exemption from building tax u/s. 3(1)(b) of the Kerala Building Tax Act, 1975 granted as building is used for providing free accommodation to aged and disabled person rendering their services to the charitable/ religious institutions.

Kerala HC Quashes 154 Rectification for Ignoring Timely Reply

September 25, 2025 411 Views 0 comment Print

Kerala High Court quashes a Section 154 rectification order and demand against Kerala State Welfare Corp. for violating natural justice by ignoring the assessee’s timely filed objection.

Addition towards bogus LTCG not sustained as genuineness of transaction proved

September 25, 2025 639 Views 0 comment Print

Gujarat High Court held that addition under section 68 of the Income Tax Act towards bogus Long Term Capital Gains [LTCG] from sale of penny stock cannot be sustained since genuineness of the stock proved with evidence. Accordingly, appeal of revenue dismissed.

Kerala HC Restores Penalty Appeal When Related Assessment Appeal Pending

September 25, 2025 348 Views 0 comment Print

Kerala High Court restores penalty appeal after condoning 525-day delay, citing ITAT’s relief for the linked assessment appeal, ensuring merits-based hearing when the core tax demand is disputed.

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