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Judiciary

ITAT Rajkot directs AO to verify genuineness of transaction for addition towards unsecured loan

February 15, 2025 72 Views 0 comment Print

ITAT Rajkot remanded the matter as lower authority has not exercised their power to enquiry in section 131 and 133(6) of the Act to verify the genuineness of the transaction and creditworthiness of the party in case of addition towards unsecured loan u/s. 68.

Section 10(23C)(iiiac) & 11(2) exemption cannot be denied for Belated Form 10

February 15, 2025 3564 Views 0 comment Print

ITAT Bangalore upholds CIT(A)’s decision, stating that belated filing of Form 10 is a procedural lapse and doesn’t disqualify an institution from tax exemptions under Section 10(23C)(iiiac) and 11(2).

Revenue cannot deviate from prior years decisions without demonstrating change in factual matrix

February 15, 2025 84 Views 0 comment Print

It is also noteworthy that the learned Departmental Representative (DR), during the hearing, did not point out any material differences between the facts of the present case and those of the earlier assessment years.

TP adjustment under MAP cannot be applied to other international transaction

February 15, 2025 105 Views 0 comment Print

The US Transactions were subject to the Mutual Agreement Procedure between the competent authorities of US and India under Article 27 of the India-US Double Taxation Avoidance Agreement.

CIT(A) Cannot Set Aside Matter Back to AO: ITAT Mumbai

February 15, 2025 1218 Views 0 comment Print

ITAT Mumbai overturns CIT(A)’s order, stating the appellate authority lacks power to set aside assessments. The tribunal directed the CIT(A) to re-adjudicate the case after obtaining a remand report from the Assessing Officer.

Reimbursement of expense at cost not taxable as Fees for Technical Services

February 15, 2025 150 Views 0 comment Print

ITAT Mumbai held that that reimbursement of expenses at cost is not taxable as fees for technical services since there is no element of income attached to the transaction. Accordingly, revenue’s appeal dismissed.

CESTAT Imposes Penalty for Misclassification & Duty Evasion despite omission by adjudicating authority

February 15, 2025 246 Views 0 comment Print

Tribunal imposed a mandatory penalty of ₹15,59,363 under Section 114A of the Customs Act for misclassification and duty evasion, emphasizing strict compliance with statutory requirements in cases of deliberate misdeclarations.

ITAT Jaipur Orders Fresh Hearing in Undisclosed Income Ex Parte Case

February 15, 2025 186 Views 0 comment Print

ITAT Jaipur remands Jai Prakash Sharma’s case for fresh hearing after CIT(A) added ₹12,06,189 as undisclosed income due to non-compliance in earlier proceedings.

AP VAT Act: Suppression & Wilful Evasion Essential to Invoke Section 21(5), Rules HC

February 15, 2025 102 Views 0 comment Print

Andhra Pradesh HC rules VAT assessment against Chakkas Enterprises invalid, citing lack of evidence for tax evasion under Section 21(5). Bank attachment revoked.

Owner of car liable to pay customs duty on redemption even if they are not importer

February 15, 2025 72 Views 0 comment Print

CESTAT Kolkata held that owner of the car is liable to pay customs duty on redemption of the confiscated vehicle/ car even if the owner is not the importer of the car. Accordingly, appeal dismissed.

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