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Judiciary

Adjustment u/s. 11(3) as deemed income unsustainable as accumulated funds utilized within stipulated time

July 23, 2025 708 Views 0 comment Print

ITAT Pune held that adjustment under section 11(3) of the Income Tax Act as deemed income cannot be sustained as accumulated surplus funds are utilized within stipulated time period and the amendment to the provisions of section 11(3) are held to be prospective in nature.

Negligence of accountant not sufficient cause for condoning delay of 477 days: ITAT Ahmedabad

July 23, 2025 459 Views 0 comment Print

ITAT Ahmedabad held that delay of 477 days in filing of an appeal on the reason that there was gross negligence on the part of the accountant is not condonable since negligence of accountant not sufficient shown for cause.

Amounts declared under PMGKY scheme cannot be taxed again u/s. 69A

July 23, 2025 486 Views 0 comment Print

The addition of Rs.0.58 Crores as made for cash deposit in the account of IJF with respect to Maheshwari Brothers Coal also stand deleted on same logic. The corresponding grounds of appeal stand allowed.

Bail for offence punishable u/s. 4 of PML Act granted as no possibility of trial in near future

July 23, 2025 222 Views 0 comment Print

Karnataka High Court granted bail for offence punishable under Section 4 of the Prevention of Money Laundering Act, 2002 [PML Act] taking into consideration the maximum punishment for the alleged offences and that there is no possibility of trial commencing in the near future.

Notice u/s. 148A(d) issued beyond time prescribed u/s. 149(1)(a) is untenable-in-law

July 23, 2025 1134 Views 0 comment Print

The AO is a deciding authority. In the present case, it is apparent that the AO had decided that it was not a fit case for issuance of a notice under Section 148 of the Act but had, thereafter, revised the said decision apparently on the basis of an approval of the specified authority.

Single GST SCN for Multiple Years Impermissible: Madras HC

July 23, 2025 3345 Views 0 comment Print

Madras High Court rules that issuing a single GST show cause notice for multiple financial years is impermissible, citing Sections 73 & 74 and procedural hardships for taxpayers.

Blower, filter, water valve assembly, etc. cannot be classified as parts of automobile air conditioner

July 23, 2025 789 Views 0 comment Print

CESTAT Delhi held that Blower, Filter, Water Valve Assembly, Control Panel, Module JCBHP and Thermostat are classifiable under CTI 8414 59 30, CTI 8421 39 90, CTI 8481 10 90, CTI 8538 10 90 and CTI 9032 10 10 and cannot be reassessed as parts of air conditioner under CTI 8415 90 00. Accordingly, appeal allowed.

West Bangal AAR Rejects KANISKA Engineering ITC Query

July 23, 2025 420 Views 0 comment Print

The West Bengal Authority for Advance Ruling rejected KANISKA Engineering Industries LLP’s application concerning Input Tax Credit on warehouse construction due to non-prosecution.

AAR West Bangal denies GST Exemption for Webel Support Sub-Contract

July 23, 2025 654 Views 0 comment Print

The West Bengal AAR ruled that Webel Support Multipurpose Service Cooperative Society Limited, a sub-contractor, is not eligible for GST exemption on pure labor services to NKDA via WTL.

Rejection of compounding application without granting opportunity of hearing is bad-in-law

July 23, 2025 564 Views 0 comment Print

CESTAT Mumbai held that Chief Commissioner was not justified in rejecting the compounding application filed u/s. 137(3) of the Customs Act, 1962 without granting any opportunity of hearing since the same results into violation of principles of natural justice.

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