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Judiciary

Reassessment Notice u/s 148 Quashed Due to Issuance Beyond Limitation Period

June 24, 2025 8214 Views 0 comment Print

ITAT Delhi quashes reassessment for AY 2015-16, finding the Section 148 notice issued on July 29, 2022, was beyond the statutory limitation period.

No Service Tax on Export Commission Without Direct Nexus: CESTAT Ahmedabad

June 24, 2025 474 Views 0 comment Print

CESTAT Ahmedabad rules export commissions aren’t subject to service tax under reverse charge without a direct contract between the Indian exporter and foreign agent.

ITC Can’t Be Denied for Supplier’s Retrospective GSTIN Cancellation: HP HC

June 24, 2025 4020 Views 0 comment Print

Himachal Pradesh High Court: ITC cannot be denied solely on supplier’s retrospective GSTIN cancellation without verifying transaction genuineness.

Interest from Staff Loans Qualifies as Business Income, Not Other Sources

June 24, 2025 618 Views 0 comment Print

Income received by an electricity distribution company from staff loans and advances should be classified as business income under Section 28(i) and not as “income from other sources”.

Foreign Going Vessel under SEAIOCM Agreement Eligible for Customs Section 87 Exemption

June 24, 2025 363 Views 0 comment Print

Kerala High Court held that the vessel under the South East Asia and Indian Ocean Cable Maintenance Agreement [SEAIOCM Agreement], the vessel can be categorized as a foreign going vessel and hence entitled for exemption u/s. 87 of the Customs Act. Accordingly, writ by revenue dismissed.

Section 11 Exemption Denied for Microfinance-Focused Entity: Madras HC

June 24, 2025 510 Views 0 comment Print

Madras High Court held that main object of the Charitable Trust being microfinance is not eligible which is not charitable in nature cannot claim the benefit of exemption either under Section 11(1) or under Section 11(4A) of the Income Tax Act.

Flavoured milk classified under GST Tariff Heading 0402 99 990: AP HC

June 24, 2025 378 Views 0 comment Print

The petitioner is a registered dealer under the GST Act, dealing with milk and milk products. As part of its business, the petitioner processes and sells, flavoured milk, to customers within and outside the State of Andhra Pradesh.

Seized Documents Receipt Date by AO Determines Limitation for Section 153C Notice

June 24, 2025 450 Views 0 comment Print

Madras High Court held that period of limitation for issuing notice under section 153C of the Income Tax Act to person other than searched person shall be date of receiving books of accounts or documents seized by AO having jurisdiction over such other person.

Section 148 Reassessment Beyond Section 149 Time Limit is Unsustainable: Madras HC

June 24, 2025 1305 Views 0 comment Print

Madras High Court held that reopening of assessment beyond the period of limitation prescribed under section 149(1)(a) and (b) of the Income Tax Act is without jurisdiction. Accordingly, writ petition is allowed and proceedings set aside.

Claim of gratuity with interest included within meaning of operational debt: NCLAT Delhi

June 24, 2025 456 Views 0 comment Print

NCLAT Delhi held that claim of gratuity with interest was fully included within the meaning of operational debt under section 5(21) of the Insolvency and Bankruptcy Code, 2016 [IBC] and accordingly, application under Section 9 of IBC was fully maintainable.

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