ITAT Hyderabad ruled that a Joint Development Agreement (JDA) doesn’t trigger Capital Gains Tax u/s 2(47)(v) when possession isn’t legally delivered, relying on SC/HC precedent.
ITAT Hyderabad deletes a ₹10.10 Cr TP adjustment on AE consultancy fees to Virinchi Ltd, holding TPO cannot question commercial expediency of services when ALP is proven.
Kerala High Court held that taxpayers unable to file stay petitions online due to lack of facility must be given an opportunity to do so, with the petition considered within three months and proceedings paused in the meantime.
ITAT Visakhapatnam upholds additions for demonetisation deposits but rules tax under section 115BBE for AY 2017-18 should apply at 30% instead of 60%.
NCLT Delhi held that the default occurred after Section 10A of Insolvency and Bankruptcy Code, 2016 [IBC], can very well be made a basis for an application under Section 7 of IBC, 2016. Accordingly, application for CIRP meeting requirement of the provisions of Sec. 7(3) & (5) of IBC is admitted.
The Madras High Court set aside an ex-parte GST order (Tvl. Sri Balaji Traders v DCIT), ruling that repeatedly uploading notices to an unusual portal tab is insufficient service, violating natural justice. The Court advised using RPAD when online notice fails.
CESTAT Mumbai sets aside order against Hawkins Cookers on alleged wrongful CENVAT credit of ₹68 lakh, remanding case to adjudicating authority for fresh review.
The ITAT Delhi has set aside tax additions made to Divya Exim Pvt. Ltd. and other assessees. The tribunal ruled that in completed assessments, additions cannot be based solely on third-party statements without corroborating incriminating material found during a search.
ITAT Delhi in RSWM Ltd. Khari Gram vs DCIT examines disputed additions under Section 69, allowability of education cess, and treatment of FPS/FMS, TUFS, and RIPS subsidies, emphasizing reliance on evidence and judicial precedents.
Gujarat High Court held that reassessment show cause notice under section 148 of the Income Tax Act issued after 18.06.2022 i.e. after surviving time’ would be invalid and accordingly, notice is quashed and set aside.
