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Judiciary

GST Notification u/s 168A and Related G.O. Valid: Madras HC Dismisses Petition

June 2, 2025 1599 Views 0 comment Print

Section 168A of the CGST was inserted as an extraordinary measure to empower the Government to extend time limits due to force majeure circumstances, specifically the severe impact of the COVID-19 pandemic.

Tax-Neutral Adjustment Between Interest Paid and Received Set Aside

June 2, 2025 498 Views 0 comment Print

ITAT Mumbai held that addition is unjustified and liable to be deleted since adjustment was made in between interest paid and interest received thus the entire adjustment had no tax effect i.e. it is tax neutral.

Registration u/s 12A Cannot Be Cancelled as Benefit Not Limited to Specific Religious Community

June 2, 2025 1032 Views 0 comment Print

This is an appeal filed by the assessee against the order of Commissioner of Income Tax (Exemptions), New Delhi [CIT(E)] dated 28.06.2023 for cancellation of registration granted u/s 12A and u/s 12AB(4) of the Income Tax Act, 1961 (the Act).

TDS to be deducted on amount of actual payment and not on provision made

June 2, 2025 2553 Views 0 comment Print

ITAT Chennai held that liability to deduct Tax Deduction at Source [TDS] arise only on the amount of actual payment and not on the provision made. Accordingly, TDS liability reduced to that extent and appeal partly allowed.

Penalty u/s 271E Set Aside for Reasonable Cause in Non-Compliance of Section 269T

June 2, 2025 681 Views 0 comment Print

Chhattisgarh High Court held that reasonable cause has been shown for non-compliance with the provisions contained in Section 269T of the Act and further it is not disputed that the transaction is genuine and bona fide.

Rejection of final approval u/s. 80G(5) for incorrect mentioning of clause not justifiable

June 2, 2025 735 Views 0 comment Print

The present appeal has been filed by the assessee against order passed by the Commissioner of Income Tax (Exemption), Ahmedabad, dated 20.08.2024, denying grant of approval u/s. 80G(5) of the Income Tax Act, 1961.

Unexplained credits routed through conduit to be taxed in hands of ultimate beneficiary

June 2, 2025 714 Views 0 comment Print

Delhi High Court held that addition towards unexplained credits against companies used as a conduit for routing accommodation entries is not justified since they are not ultimate beneficiaries. Accordingly, appeal of revenue dismissed.

Reassessment quashed in absence of tangible material proving PE in India

June 2, 2025 450 Views 0 comment Print

Delhi High Court held that reassessment under section 148 of the Income Tax Act cannot be sustained since there is no tangible material for forming a belief that petitioners had a dependent Permanent Establishment or Fixed Place PE in India

Physical verification of business premises should be done in presence of person

June 2, 2025 6906 Views 0 comment Print

The Madhya Pradesh High Court ruled that physical verification of business premises for GST purposes must occur in the presence of the concerned person and requires proper witness documentation.

HC Upholds ITAT Order Quashing Section 263: AO Conducted Due Enquiries During Assessment

June 2, 2025 471 Views 0 comment Print

In Malabar Industrial Co. Ltd. Vs. Commissioner of Income Tax, Kerala State reported in (2000) 243 ITR 83 Hon’ble apex court have held that The phrase “prejudicial to the interests of the Revenue” has to be read in conjunction with an erroneous order passed.

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