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Judiciary

Books Not Examined Properly: ITAT Kolkata Remands Demonetisation Cash Deposit Case

July 29, 2025 339 Views 0 comment Print

ITAT Kolkata remands a best judgment assessment case against Tanveer Alam, directing fresh adjudication after the assessee presented new cash summaries, audit, and valuation documents.

CIT(A) Order on ICDS Addition Without Document Check Set Aside by ITAT

July 29, 2025 621 Views 0 comment Print

ITAT Indore has remanded a case to the CIT(A) for de novo adjudication after finding the appellate authority ignored the assessee’s reply and tax computation, violating natural justice.

Valuation Issue Not Appealable Under Customs Act before HC

July 29, 2025 819 Views 0 comment Print

Calcutta High Court rejects Customs Department’s appeal against Supreme Petrochem Ltd. on valuation, citing jurisdictional bar under Customs Act Section 130(1).

Writ against notice issued by NFRA not entertained

July 28, 2025 1359 Views 0 comment Print

Although this protection does not extend to civil consequences such as forfeiture of property, cancellation of licenses, or debarment from business activities, any retrospective application of a penal or quasi-penal provision must be narrowly interpreted.

Hyatt international has PE in India hence income attributable is taxable in India

July 28, 2025 1455 Views 0 comment Print

Supreme Court held that Hyatt International has a fixed place Permanent Establishment in India within the meaning of Article 5(1) of the DTAA, and hence income received under Strategic Oversight Services Agreement [SOSA] attributable to such PE and is taxable in India.

Writ against provisional attachment order u/s. 5(1) of PMLA not entertained due to availability of statutory remedy

July 28, 2025 822 Views 0 comment Print

Kerala High Court held that writ against provisional attachment order passed u/s. 5(1) of the Prevention of Money Laundering Act [PMLA] is not maintainable since efficacious alternative statutory remedy available. Accordingly, writ dismissed.

Petition dismissed as filed on incorrect premise that entire property is sold

July 28, 2025 336 Views 0 comment Print

Madras High Court held that petition is dismissed since the same was filed on the premise that bank (recovery officer) has sold entire property (included the one already sold). The said premise is incorrect. Hence, petition dismissed.

Statement of person summoned by DGGI to be recorded during office hours

July 28, 2025 2154 Views 0 comment Print

Additionally, any person summoned to the DGGI may request his statement to be recorded under CCTV surveillance, in view of the judgment of the Hon’ble Supreme Court in Paramvir Singh Saini.

Concurrent sentences u/s. 427 of Cr. PC not awarded in separate trials for different transactions

July 28, 2025 750 Views 0 comment Print

Himachal Pradesh High Court held that concurrent running of the sentences is permissible only if the offences have arisen out of the single transaction. Accordingly, concurrent sentences cannot be awarded u/s. 427 of Cr. PC in cases where there is different transactions and different judgements.

Jharkhand HC Rejects Bail in PMLA Case on Prima Facie Guilt

July 28, 2025 726 Views 0 comment Print

Jharkhand High Court held that bail application stands dismissed since the material collected shows that the petitioner is prima facie guilty of an offence under Prevention of Money Laundering matter. Accordingly, bail application rejected.

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