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Judiciary

Excess Stock & Cash Found in Survey Taxable as Business Income, Not u/s 69A/115BBE

August 25, 2025 1110 Views 0 comment Print

The ITAT Pune ruled that excess cash found during a business survey should be taxed as normal business income, not at the higher rate under Section 115BBE.

Cash Deposits Linked to Business Turnover, Only 8% Income to be Taxed: ITAT Pune

August 25, 2025 1134 Views 0 comment Print

ITAT Pune upholds an estimated 8% profit on a grain merchant’s cash deposits of ₹2.61 crore, ruling against the taxing of the full amount as unexplained income.

Audit Objection not justifies Section 263 Re-examination: ITAT Ranchi

August 25, 2025 363 Views 0 comment Print

The ITAT Ranchi quashed a Section 263 order, ruling that a tax revision cannot be based solely on an audit objection or for the re-examination of an issue already reviewed by the AO.

Burden on AO to substantiate Income Tax Statement based additions

August 25, 2025 378 Views 0 comment Print

The ITAT Ranchi upholds an assessee’s appeal, ruling that the Assessing Officer must provide evidence to substantiate additions made solely based on ITS data.

CIRP u/s. 7 against Corporate Debtor admitted as default in repayment of financial debt proved

August 25, 2025 648 Views 0 comment Print

NCLT Mumbai held that Corporate Insolvency Resolution Process [CIRP] against Corporate Debtor [S U Toll Road Private Limited] under section 7 of the Insolvency and Bankruptcy Code admitted as Corporate Debtor defaulted in repayment of financial debt over the minimum threshold of Rs. 1Crore proved.

Question of jurisdiction under IBC has to be raised at very first available instance

August 25, 2025 558 Views 0 comment Print

NCLAT Chennai held that provisions of section 60(1) of the Insolvency and Bankruptcy Code prescribes that question of jurisdiction has to be raised at the very first available instance and not at the stage when the proceedings have been concluded.

CIRP of Corporate Debtor closed as possession of flats handed over to all homebuyers

August 25, 2025 741 Views 0 comment Print

NCLAT Delhi closes the Corporate Insolvency Resolution Process [CIRP] of corporate debtor since construction of flats is completed and possession is handed over to all the claimant homebuyers and there is no claimant left.

CENVAT Credit on insurance and authorized service station allowed: CESTAT Chandigarh

August 25, 2025 459 Views 0 comment Print

CESTAT Chandigarh held that CENVAT Credit of input services i.e. insurance and authorized service station cannot be denied as services are availed before 01.04.2011 and used for furtherance of business.

Non-compliance with GST provisions due to slowdown in business genuine so restoration of GST registration ordered

August 25, 2025 654 Views 0 comment Print

Madras High Court held that cancellation of GST registration for non-compliance with relevant provision of GST Act not justified since the reason of slowdown in business is genuine. Accordingly, restoration of GST registration ordered.

Filing of fresh refund claim u/s. 27 (1-B) not required when refund claim already filed within limitation

August 25, 2025 648 Views 0 comment Print

Madras High Court held that filing of a fresh refund claim in terms of section 27 (1-B) of the Customs Act not required as refund claim was duly filed within limitation of one year from the date of import. Accordingly, writ of petitioner stands allowed.

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