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Judiciary

Capital Gain on sale of rights entitlement was exempt as per Article 13(6) of India-Ireland DTAA

June 26, 2025 1575 Views 0 comment Print

AO however, held that STCG on the sale of rights entitlement was to be taxed as “sale of shares” under Article 13(5) of the India-Ireland DTAA, making an addition towards STCG as taxable in India.

Karnataka HC Upholds Section 263 Revision Due to Lack of Detailed Findings in Assessment Order

June 26, 2025 1212 Views 0 comment Print

The Karnataka High Court upheld revision proceedings in the PCIT v. TE Connectivity India Pvt. Ltd. case, ruling that the absence of a detailed order on commission payments/discounts in the original assessment rendered it erroneous and prejudicial to revenue. The court emphasized the need for explicit findings.

Retired Central Excise Officer Gets Relief as Revenue Barred from Acting on Caste Certificate Allegations

June 26, 2025 864 Views 0 comment Print

Assessee had joined the Central Excise Department in 1978 based on a Scheduled Tribe (ST) certificate stating he belonged to the Katunayakkan community, which was recognized under Article 342 of the Constitution

GST on Renting of Immovable Property: RCM, Exemptions & ITC

June 26, 2025 27945 Views 5 comments Print

Understand GST on renting immovable property in India, including Reverse Charge Mechanism (RCM), exemptions for residential use, and Input Tax Credit (ITC) applicability.

Section 80G Registration Cannot Be Denied If Religious Expense Is Below 5% of Income

June 26, 2025 978 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) has remanded a case involving Shree Bhandari Gnyati Mandal, challenging the denial of 80G registration. The ITAT directs re-verification of the trust’s expenditure on religious activities.

GST Order Against Deceased Invalid; Notices Must Be Issued to Legal Heirs

June 26, 2025 939 Views 0 comment Print

The Delhi High Court has ruled a GST demand order against a deceased proprietor invalid, mandating show cause notices be issued to legal representatives for tax determination.

Delhi HC Upholds Ex-Parte GST Demand as Assessee Ignored Reminders; Allowed Appeal

June 26, 2025 585 Views 0 comment Print

The Delhi High Court has upheld an ex-parte GST demand order against Parshuram Yadav, noting the assessee’s failure to respond to a show cause notice and subsequent reminders. The court advised appeal as the appropriate remedy.

Threshold Under IBC Section 4 Must Be Met at CIRP Filing/Admission

June 26, 2025 915 Views 0 comment Print

Appellant was notified by mail that the respondent had deposited Rs. 20 lakhs into the appellant’s account while the tribunal’s proceedings were still pending. Appellant argued that Rs. 20 lakh had been deposited without its consent and that it would be willing to reimburse the money.

Non-Commencement of Activities Not a Valid Ground to Deny 12AB Registration

June 26, 2025 480 Views 0 comment Print

ITAT Hyderabad remands Ujwal Foundation’s appeals for 80G approval and 12AB registration, citing Supreme Court precedent on considering proposed charitable activities.

No Service Tax on Foreign Bank Charges for Export Remittances: CESTAT Chennai

June 26, 2025 939 Views 0 comment Print

CESTAT rules exporters are not liable for service tax on foreign bank charges deducted from export proceeds, citing previous judicial precedents.

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