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Section 6 prevails over TRC for Residency: ITAT Chennai

June 16, 2025 1197 Views 0 comment Print

ITAT Chennai rules Section 6 of the Income Tax Act prevails over a Tax Residency Certificate (TRC) for determining Indian residency. Global income taxable if an individual meets the specified days in India, irrespective of TRC.

Declaration of abrogation not barred by virtue of Income Tax section 269-UH: Bombay HC

June 16, 2025 234 Views 0 comment Print

Bombay High Court held that in compulsory purchase order declaration of abrogation was not barred by virtue of section 269-UH and/ or section 293 of the Income Tax Act. Accordingly, order passed by Single Judge not sustainable.

Secured creditors have no priority of interest over property attached under MPID Act

June 16, 2025 615 Views 0 comment Print

Supreme Court held that no priority of interest can be claimed by the Secured Creditors against the properties attached under Maharashtra Protection of Investors and Depositors Act, 1999 [the MPID Act].

Delhi HC directs Larger Bench to decide retrospective applicability of provisions of section 149(1)(c)

June 16, 2025 570 Views 0 comment Print

Delhi High Court held that Larger Bench of Delhi High Court will decide the whether provisions of section 149(1)(c) of the Income Tax Act inserted by virtue of the Finance Act, 2012 will be applicable retrospectively in concluded assessment.

Addition u/s. 68 towards cash deposit in bank not sustained as source explained: ITAT Jaipur

June 16, 2025 1344 Views 0 comment Print

ITAT Jaipur held that addition under section 68 towards cash deposit in bank as unexplained cannot be sustained since source of cash deposited duly explained. Accordingly, addition of around Rs. 8.60 Crores deleted.

IT/ITes qualifies as ‘Industrial Building’ under Delhi Municipal Corporation Act: Delhi HC

June 16, 2025 636 Views 0 comment Print

Delhi High Court held that IT/ITeS would fall within the definition of ‘Industrial Building’ as envisaged under Bye-law 9(e) of DMC Property Tax bye-law 2004 and therefore, demand of property tax rightly set aside.

Block Assessment Order not time barred as passed within period prescribed u/s. 158BE(1)(b)

June 16, 2025 696 Views 0 comment Print

Madras High Court held that block assessment order passed u/s. 143(3) r.w.s. 158BC of the Income Tax Act has been passed within the period prescribed u/s. 158BE(1)(b) of the Income Tax Act and hence not barred by limitation.

Notice u/s. 13(2) of SARFAESI to be treated as notice for invocation of personal guarantee

June 16, 2025 1059 Views 0 comment Print

NCLAT Delhi held that where Notice under Section 13(2) of SARFAESI Act, 2002 makes a demand as per the Guarantee Agreement between the parties, the Notice has to be treated as notice for invocation of Personal Guarantee.

Assessment u/s. 144 by Additional CIT without order u/s. 120(4)(b) is invalid

June 16, 2025 1026 Views 0 comment Print

ITAT Raipur held that assessment framed under section 144 of the Income Tax Act by Additional CIT in absence of order under section 127 and order under section 120(4)(b) is invalid as without having valid assumption of jurisdiction.

AO directed to reassess Satyam Computer assessment for 2003-2009 as per HC judgement

June 16, 2025 447 Views 0 comment Print

ITAT Hyderabad directs AO to reassess Satyam Computer Services [Now, Tech Mahindra Limited] for the Assessment Year 2003-2004 to 2008-2009 in light of the judgement of Hon’ble High Court for the State of Telangana at Hyderabad.

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