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Judiciary

Transfer Pricing: Head Count method for allocation of common expenses needs to be applied

July 1, 2025 591 Views 0 comment Print

Delhi High Court addresses Fujitsu India’s transfer pricing appeal, validating ‘headcount’ for expense allocation and remanding comparable selection for re-evaluation.

No provision under GST Act for an order to be passed on a date later than hearing date

July 1, 2025 1134 Views 0 comment Print

Allahabad High Court sets aside an ex-parte GST appeal order for AY 2018-19, ruling it invalid as it was passed on a later date after the hearing.

ITAT Delhi quashes reassessment for lack of valid sanction under Section 151

July 1, 2025 1077 Views 0 comment Print

ITAT Delhi quashes reassessment for AY 2016-17, ruling the AO obtained improper sanction from Principal Commissioner instead of Principal Chief Commissioner.

Mere write-off in books sufficient to claim bad debts u/s 36(1)(vii): Delhi ITAT

July 1, 2025 1443 Views 0 comment Print

The Delhi ITAT ruled that simply writing off a bad debt in the books is enough to claim it under Section 36(1)(vii) of the Income-tax Act, 1961, without needing to prove irrecoverability.

GST Penalty without Intent to Evade Tax is Arbitrary: HP High Court

July 1, 2025 2346 Views 0 comment Print

Himachal Pradesh High Court quashes penalty under CGST Act for e-way bill non-production, stating that intent to evade tax (mens rea) is essential for imposing penalties, not just procedural errors.

Rule 37BA misapplied -TDS cannot be denied merely due to sales returns: Hyderabad ITAT

July 1, 2025 1005 Views 0 comment Print

Hyderabad ITAT rules that TDS credit cannot be denied solely on account of sales returns. Rule 37BA misapplied when income is declared.

Section 263 cannot override AO’s reasoned decision allowing CSR-linked 80G deduction: Mumbai ITAT

July 1, 2025 1179 Views 0 comment Print

Mumbai ITAT rules Section 263 cannot override AO’s reasoned decision allowing 80G deduction on CSR expenses, citing consistent tribunal judgments.

Filing of Form 10BB is directory, not mandatory for Section 11 exemption: ITAT Hyderabad

July 1, 2025 897 Views 0 comment Print

Hyderabad ITAT rules Ramalingeswara Swamy Temple’s Section 11 exemption cannot be denied for delayed Form 10BB filing if submitted before assessment order.

Notice Issued by non-Jurisdictional AO to NRI is invalid: Mumbai ITAT quashes Reassessment

July 1, 2025 1545 Views 0 comment Print

Mumbai ITAT ruled in Sanand Sankardas Vs ITO that reassessment proceedings initiated by a non-jurisdictional Assessing Officer against an NRI are invalid. The tribunal quashed the assessment order, emphasizing that only the International Taxation AO has jurisdiction over NRI cases, rendering notices issued by other AOs void.

ITAT Delhi Deletes ₹2 Cr Cash Credit & ₹1.55 Cr Expenditure Due to Lack of Evidence

June 30, 2025 570 Views 0 comment Print

The ITAT Delhi has deleted ₹2 Crore unexplained cash credit and ₹1.55 Crore unexplained expenditure against Shagun Jewellers, citing insufficient evidence.

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