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Judiciary

Orissa HC Directs Income Tax Refund Following Taxpayer’s Successful Appeal

May 19, 2025 714 Views 0 comment Print

High Court directs the Income Tax Department to refund Rs 63.9 lakh recovered from a Co-operative Society after its appeal against a tax demand succeeded. Order includes interest.

Rejection of e-Form NDH-4 Beyond 45 Days time limit Invalid: Madras HC

May 19, 2025 966 Views 0 comment Print

Madras High Court held that rejection of e-Form NDH-4 application beyond time limit of 45 days is not allowable hence petitioner directed to submit a fresh reply regarding compliance of defects stated in orders.

Offering volume-based discounts doesn’t constitute abuse of dominance under Competition Act

May 19, 2025 723 Views 0 comment Print

Supreme Court held that Schott (principal domestic manufacturer) offering volume-based discounts doesn’t constitute abuse of dominance under section 4 of the Competition Act, 2002.

GST Classification Dispute Over Fitted Assets Sent Back to West Bengal AAR

May 19, 2025 594 Views 0 comment Print

West Bengal GST AAAR remands TCG Urban case on fitted asset classification to AAR. Parties cited Bharati Airtel & BSNL tests; issue hinges on asset nature & agreements.

Penalty u/s. 112(a) set aside as direct involved of Customs Broker in mis-declaration not established

May 19, 2025 1518 Views 0 comment Print

CESTAT Delhi held that imposition of penalty under section 112(a) of the Customs Act, 1962 not justified since revenue failed to establish direct involved of Customs Broker in mis-declaration of imported goods. Accordingly, appeal allowed and penalty deleted.

Addition in unabated assessment deleted in absence of incriminating material found during search

May 19, 2025 651 Views 0 comment Print

ITAT Pune held that in respect of unabated assessment, no addition can be made by AO in absence of any incriminating material found during the course of search under section 132 of the Income Tax Act. Accordingly, order set aside and appeal allowed.

Reopening u/s. 147 quashed as based on vague reasons and non-application of mind

May 19, 2025 1032 Views 0 comment Print

ITAT Kolkata held that the reopening of assessment cannot be allowed on the basis of vague reasons, where AO has not done anything as there was gross non-application of mind by the Assessing Officer. Accordingly, reopening of assessment u/s. 147 is quashed.

Notice u/s. 148 issued beyond time period specified u/s. 149(1) is invalid: Bombay HC

May 19, 2025 1962 Views 0 comment Print

Bombay High Court held that notice issued under section 148 of the Income Tax Act beyond the time period specified under section 149(1) of the Income Tax Act is non-complaint and invalid. Accordingly, order passed thereon is liable to be quashed.

ITAT Mumbai Allows ₹978 Cr Provision for Credit Guarantee Fund Based on Actuarial Valuation

May 19, 2025 417 Views 0 comment Print

Mumbai ITAT reviews dispute over tax deductibility of claim payout provision for a credit guarantee trust under the Mudra Yojana scheme.

No Additions in Completed Assessments years if not Incriminating Material found during search

May 19, 2025 1263 Views 0 comment Print

Mumbai ITAT dismisses revenue appeals, ruling tax additions in completed assessments require incriminating material found during the assessee’s search.

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