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Judiciary

Section 12AB Registration cannot be denied for Curable Section Code Error: ITAT Bangalore

August 1, 2025 858 Views 0 comment Print

ITAT Bangalore rules that a trust’s 12AB registration application cannot be rejected for a curable technical error in the section code, directing the CIT(E) to reconsider the application on its merits.

CIT(E) Cannot Rely Solely on Subordinate Reports Without Independent Application of Mind

August 1, 2025 480 Views 0 comment Print

ITAT Bangalore mandates that the CIT(E) must provide taxpayers a fair hearing and apply independent judgment, not just rely on subordinate reports, when assessing Section 12AB and 80G applications.

Fiduciary Journal entry without cash cannot be taxed u/s 68: ITAT Mumbai

August 1, 2025 546 Views 0 comment Print

ITAT Mumbai rules that fiduciary journal transfers without cash flow cannot be taxed as unexplained cash credits under Section 68, supporting taxpayers in similar situations.

80P(2)(a)(i) deduction eligible on interest earned by co-operative society from deposits with co-operative banks

August 1, 2025 777 Views 0 comment Print

ITAT Pune held that interest income earned by cooperative society on deposits made out of surplus funds with cooperative banks qualifies for deduction under the provisions of section 80P(2)(a)(i). Accordingly, appeal of assessee allowed.

Addition u/s. 43CA quashed as stamp duty and agreement value difference is less than allowable limit

August 1, 2025 477 Views 0 comment Print

ITAT Pune held that addition by invoking provisions of section 43CA of the Income Tax Act cannot be sustained since the difference between the Stamp Duty Value and agreement value is less than the allowable limit of 5%.

Suspension order of CFS license directed to reconsider due to unblemished track record

August 1, 2025 852 Views 0 comment Print

Madras High Court directs customs department to reconsider suspension order suspending license of Container Freight Station [CFS] due to unblemished track record of the petitioner. Accordingly, writ disposed of.

ITC could be availed in case purchaser had genuine invoices & seller failed to remit tax

August 1, 2025 1140 Views 0 comment Print

The responsibility for recovering unpaid tax lies properly and primarily with the tax authorities, who must proceed against the defaulting seller, rather than against the innocent purchasing dealer who has fulfilled all obligations imposed by the Act.

Addition restricted to estimated profit element in bogus accommodation entries: ITAT Delhi

August 1, 2025 546 Views 0 comment Print

ITAT Delhi held that only the estimation profit element has to form subject matter of addition in case of bogus accommodation entries. Accordingly, CIT(A) order directing @2.5% on total bogus accommodation entry upheld.

Limitation to claim GST refund starts ticking from Correct Tax Payment Date: Patna HC

August 1, 2025 1212 Views 0 comment Print

The Patna High Court ruled that the two-year limitation period for claiming a tax refund, particularly for payments made under the wrong head, starts from the date of tax payment under the correct head, aligning with Section 77 and relevant circulars.

Anti-dumping duty not leviable as no evidence established supply of goods from China routed via Taiwan

August 1, 2025 546 Views 0 comment Print

CESTAT Mumbai held that demand of anti-dumping duty in terms of notification no. 15/2014-CUS(ABD) cannot be sustained since no evidences established that the goods were either manufactured or supplied from China or were routed through Taiwan after being supplied from China.

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