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Judiciary

Investment Management Agreement Interpretation Beyond Writ Jurisdiction: Delhi HC

June 20, 2025 309 Views 0 comment Print

The present petition has been filed by the Petitioner – DMI Alternatives Private Limited under Articles 226 and 227 of the Constitution of India, inter alia, assailing the Show Cause Notice dated 27thJuly, 2024 and consequential order dated 30th January, 2025.

Section 45(4) Inapplicable to Capital Introduced by New Partner: ITAT Bangalore

June 20, 2025 711 Views 0 comment Print

ITAT Bangalore held that provisions of section 45(4) of the Income Tax Act are application only when there is transfer of any asset to the partners account from the firm. Accordingly, section 45(4) cannot be invoked in case of incremental capital brought in by the new partner.

No Physical Notice: GST Registration Cancellation order Quashed by Allahabad HC

June 20, 2025 660 Views 0 comment Print

Allahabad High Court sets aside GST registration cancellation due to lack of physical notice and personal hearing, upholding natural justice principles for taxpayers.

Compensation for Non-Performance of Capital Asset Guarantee is Capital Receipt: ITAT Kolkata

June 20, 2025 513 Views 0 comment Print

ITAT Kolkata held that compensation received for failure of performance guarantee parameter of capital assets [Wind Turbine Generators] is in nature of capital receipt and hence outside the purview of taxation. Accordingly, appeal of assessee allowed.

Ex-Parte ITC Disallowance Without Proper Opportunity Unsustainable: Orissa HC

June 20, 2025 522 Views 0 comment Print

Orissa High Court held that disallowance of input tax credit under GST without granting proper opportunity to substantiate the claim is not justified. Accordingly, ex-parte order passed is liable to be set aside and matter remanded back.

Section 148 Reassessment Notice to Non-Existent Firm Invalid: ITAT Jodhpur

June 20, 2025 609 Views 0 comment Print

ITAT Jodhpur held that issuance of re-assessment notice under section 148 of the Income tax Act to non-existent firm and to deceased partners is invalid issuance of notice. Accordingly, order passed thereon is liable to be quashed.

Ex-parte order by CIT(A) set aside as assessee unaware about on-going appellate proceeding

June 20, 2025 828 Views 0 comment Print

ITAT Raipur held that ex-parte order passed by CIT(A) is liable to be set aside since there were justifiable reasons for the assessee trust of having remained unaware about the on-going appellate proceedings before the CIT(A). Accordingly, matter restored back for fresh consideration.

Supreme Court Grants Bail to Vishal Agarwal in GST Case

June 20, 2025 486 Views 0 comment Print

Supreme Court grants bail to Vishal Agarwal in a case involving alleged public exchequer loss. Bail approved as chargesheet filed and evidence is documentary.

Section 68: Explaining Source of Source Funds for Unsecured Loans Not Required Pre-01.04.2023

June 20, 2025 4971 Views 0 comment Print

Delhi High Court held that that Section 68 of the Act as was in force prior to 01.04.2023, did not require the assessee to explain the source of the source of funds in case of unsecured loans. Accordingly, addition is liable to be deleted and appeal allowed.

No Addition for Deemed Rental Income on Unsold Flats Held as Stock-in-Trade for AY 2015-16

June 20, 2025 381 Views 0 comment Print

ITAT Mumbai clarifies tax on builders’ unsold inventory, stating no deemed rental income on stock-in-trade. Also addresses 80G deduction for CSR expenses, citing judicial precedents.

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