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Section 173(5) Cr. P.C. cannot be invoked based on private complaint under Central Excise Act

September 15, 2025 390 Views 0 comment Print

Madras High Court held that section 173(5) Cr.P.C., 1973, is attracted only to cases instituted on police reports. Accordingly, the same cannot be invoked based on a police report but on a private complaint under the Central Excise Act, 1944.

Withdrawal of CIRP allowed based on unconditional consent accorded by sole Financial Creditor

September 15, 2025 381 Views 0 comment Print

NCLT Delhi held that application filed u/s. 12A of Insolvency and Bankruptcy Code [IBC] for withdrawal of CIRP allowed as unconditional consent accorded by the sole Financial Creditor. Accordingly, application allowed.

Addition of bogus LTCG not sustained as shares sold via recognized stock exchange and STT paid

September 15, 2025 552 Views 0 comment Print

ITAT Ahmedabad held that addition of LTCG u/s. 68 of the Income Tax Act by treating transaction as bogus cannot be sustained since shares were sold via recognized stock exchange and Security Transaction Tax [STT] duly paid and assessee’s involvement in manipulation of price not pointed.

No tax on corresponding Interest Income on asset transfer to SPVs as it amounted to Double Taxation

September 15, 2025 423 Views 0 comment Print

Disallowance of ₹28,99,56,987/- towards finance costs on securitization transactions had no basis, as the interest income rightly belonged to the SPVs and not the assessee. Likewise, the addition of ₹1,61,82,000/- under section 69A read with section 115BBE was unjustified since the cash deposits in Specified Bank Notes represented genuine loan repayments from microfinance borrowers and could not be treated as unexplained.

Petition against GST SCN without providing reply is held to be premature

September 15, 2025 693 Views 0 comment Print

Madras High Court held that writ petition against SCN demanding GST on construction of Mauritius Supreme Court cannot be entertained since the petition is premature and right course is to file detailed replay against the same.

Steel grip insulating tape is an insulator liable to taxed @5% under M.P VAT Act

September 15, 2025 1161 Views 0 comment Print

Madhya Pradesh High Court held that steel grip insulating tape is an insulator and liable to be taxed under Entry 50 Part – II Schedule – II of the Madhya Pradesh Value Added Tax Act, 2002 [M.P. VAT Act] @ 5%. Accordingly, writ allowed.

Appeal dismissed as value of seized gold below minimum threshold limit of Rs. 1 Crore

September 15, 2025 978 Views 0 comment Print

Commissioner of Customs (Preventive) Vs R.K. Swami Singh (Manipur High Court) Manipur High Court held that appeal is not maintainable since value of alleged seized gold is below the minimum threshold limit for filing an appeal i.e. Rs. 1 Crore as per instruction dated 02.11.2023. Accordingly, appeal dismissed. Facts- On 20.06.2014, the respondent herein was […]

Disallowance purely on adhoc basis without rejection of books not tenable

September 15, 2025 1875 Views 0 comment Print

ITAT Mumbai held that disallowance of expenses purely on adhoc basis without rejection of books of accounts or without pointing out any specific deficiencies is not justifiable and liable to be set aside. Accordingly, appeal of assessee allowed.

Section 263 Partly Quashed: CSR & STCL Allowed, Section 14A Upheld

September 15, 2025 363 Views 0 comment Print

ITAT Ahmedabad partially upholds PCIT’s revision in Torrent Investments case, focusing on Sec 14A disallowances while ruling on capital loss and CSR deductions.

Bank Account in State Does Not Confer Income Tax Appeal Jurisdiction: Kerala HC

September 15, 2025 657 Views 0 comment Print

The Kerala High Court dismissed a tax petition by a retired Subedar, ruling it lacked territorial jurisdiction. The court stated that a bank account in Kerala does not confer jurisdiction when the entire tax assessment cause of action arose in Jharkhand.

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