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Judiciary

ITAT Mumbai: AO Cannot Apply 50% Presumptive Rate U/s 44ADA to Business Income Declared U/s 44AD – Addition Deleted

March 23, 2026 834 Views 0 comment Print

The Tribunal ruled that section 44ADA applies only to specified professions and cannot be invoked for business income covered under section 44AD. Arbitrary substitution of a higher rate by the AO was held unsustainable.

Denial of police recruitment to person acquitted in Heinous Crime justified on Benefit of Doubt: SC

March 23, 2026 225 Views 0 comment Print

An acquittal based on the benefit of doubt did not confer upon a candidate an automatic right to appointment in public service. Mere involvement of a person in an alleged offence or in the act of moral turpitude may become sufficient enough to apply it as debilitating factor for such candidate to be offered employment.

Insurance Society Is ‘State’ as Government Control Is Deep & Pervasive: SC

March 23, 2026 426 Views 0 comment Print

SC held that the Air Force insurance society qualifies as “State” under Article 12 because its administration, control, and functioning are closely linked with government authorities.

Trademark Transfer Not Taxable Before 2002 Due to Self-Generated Asset Rule: Gujarat HC

March 23, 2026 312 Views 0 comment Print

High Court held that consideration received for assignment of self-generated trademarks prior to 2002 amendment could not be taxed as capital gains because no cost of acquisition could be determined.

Entire Receipts Cannot Be Treated as Unexplained if Income Already Offered: ITAT Mumbai

March 22, 2026 3792 Views 0 comment Print

ITAT held that entire receipts cannot be treated as unexplained when income is already offered to tax. Only unverifiable expenses can be disallowed.

Coconut Held is Fruit Under EPF Act Due to Beneficial Interpretation of Welfare Law: Delhi HC

March 21, 2026 561 Views 0 comment Print

The issue was whether coconut falls under the fruit category for EPF applicability. The Court held it does, emphasizing liberal interpretation to extend employee benefits.

No Service Tax on Tobacco Auction Fees Due to Statutory Nature of Levy: CESTAT Hyderabad

March 21, 2026 405 Views 0 comment Print

The issue was whether statutory auction fees are taxable as service consideration. The Tribunal held that such fees are compulsory levies under law and not taxable. It clarified that statutory functions performed by public authorities do not attract service tax.

Writ Petition Withdrawn Due to Availability of Alternate Remedy and Missing Order Copy

March 21, 2026 291 Views 0 comment Print

The issue was non-service of an income tax order and availability of remedy. The Court allowed withdrawal and granted liberty to appeal while directing supply of the order.

CIT(A) Cannot Enhance Income in Section 143(1) Appeal Beyond TDS Credit Issue: ITAT Mumbai

March 21, 2026 660 Views 0 comment Print

The Tribunal held that the appellate authority cannot go beyond the issue of TDS credit in a section 143(1) appeal. By directing taxation of entire salary, it effectively enhanced income without proper jurisdiction. The matter was remanded for fresh examination.

REC Income Not Eligible for 10% Tax Rate as It Does Not Meet Definition of Carbon Credits: ITAT Hyderabad

March 21, 2026 357 Views 0 comment Print

The tribunal held that Renewable Energy Certificates are distinct from carbon credits under Section 115BBG and must be taxed at normal rates. The ruling emphasizes strict interpretation of concessional tax provisions.

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