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Judiciary

Email Notice Invalid as Assessee Opted ‘No’ for Email in Form 35; Ex Parte Order Set Aside

July 21, 2025 1116 Views 0 comment Print

ITAT Raipur sets aside ex-parte CIT(A) order for Ram Bishal Sharma, citing invalid email notice service and upholding natural justice principles.

Insurance claim received for death of horses are capital receipts: Bombay HC

July 21, 2025 372 Views 0 comment Print

Bombay High Court held that the entire amounts of insurance claim received for death of horses is to be treated as capital receipt governed only by provisions of Section 45(1) of the Income Tax Act. Hence, the same is not chargeable to tax. Accordingly, appeal allowed.

Section 115BBE High Tax Rate Applies Only to Transactions After 1.4.2017

July 21, 2025 1653 Views 0 comment Print

ITAT Delhi ruled that Section 115BBE’s higher tax rate applies only to transactions from April 1, 2017, aligning with a Madras High Court precedent.

Application u/s. 9 of IBC rightly rejected due to pre-existing dispute

July 21, 2025 684 Views 0 comment Print

NCLAT Delhi held that it is well settled proposition of law that for a pre-existing dispute to be a ground to nullify an application under Section 9 of the Insolvency and Bankruptcy Code. Accordingly, adjudicating authority rightly rejected application u/s. 9.

ITAT Condones 510-Day Delay as Employee Missed Income Tax Email

July 21, 2025 657 Views 0 comment Print

The ITAT Nagpur has condoned a 510-day delay in an income tax appeal, finding the assessee’s reasons, including email oversight, illiteracy, and communication gaps, to be genuine. The case is remitted for merits-based adjudication.

ITAT Remands Tax Non-Compliance Case to CIT(A)

July 21, 2025 492 Views 0 comment Print

Raipur ITAT remands Maa Harsiddhi Infra Developers’ appeal to CIT(A) for re-adjudication, citing natural justice despite non-compliance with tax notices.

Ignoring Deputy Commissioner’s Promotion Plea Is Dereliction of Duty: Madras HC

July 21, 2025 477 Views 0 comment Print

The Madras High Court has deemed the non-consideration of a Deputy Commissioner’s promotion representation as dereliction of duty. The court directs prompt review for K. Chandrasekaran, a top-ranked official, citing concerns over juniors being promoted instead.

ITC can be denied if supplier fails to remit collected tax: Madras HC

July 21, 2025 1683 Views 0 comment Print

Madras High Court indicates purchasers may lose GST Input Tax Credit if suppliers fail to remit tax, directing Global Offset Printers to use appellate remedy.

Schedule Tribe Member’s Income Not Exempt if Source Outside Specified Area

July 21, 2025 999 Views 0 comment Print

The Jammu & Kashmir High Court has ruled that a Schedule Tribe member’s income is not exempt under Section 10(26A) if the source is not from the specified Ladakh region. The court upheld a tax assessment on Mehmood Askari, finding he failed to prove his residency and income source from the exempted area.

Purchasing gold without bill doesn’t confirm act of smuggling of gold: CESTAT Delhi

July 21, 2025 1782 Views 0 comment Print

CESTAT Delhi held that mere act of purchasing gold without bill is highly insufficient to confirm the grave allegations of conspiring the act of smuggling of gold. Accordingly, the order imposing penalty on the appellants and confiscating their money is held not sustainable.

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