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Judiciary

Incorrect Assumption of Facts Renders Reopening Legally Untenable

May 9, 2025 855 Views 0 comment Print

ITAT Delhi rules tax reassessment invalid under Section 147 as AO’s ‘reason to believe’ was based on an incorrect assumption of facts about purchases.

ITAT Dismisses Revenue Appeal, Cites Consistency & No Change in Facts or Law

May 9, 2025 729 Views 0 comment Print

Ahmedabad ITAT upholds prior ruling on TDS for non-resident payments, emphasizes consistency.

GST Dept Must Consider Medical Ground Adjournment Requests: Delhi HC

May 9, 2025 609 Views 0 comment Print

GST department should empathetically consider requests for personal hearing adjournment on medical grounds, rules Delhi High Court.

Penny Stock Transactions: ITAT Delhi Upholds Deletion of LTCG Addition

May 9, 2025 705 Views 0 comment Print

ITAT Delhi dismisses Revenue’s appeal, affirms LTCG exemption on share sale in Bal Kishan Arora case citing identical precedent from Delhi High Court.

Bandwidth Charges Not Royalty Under Income Tax Act: Delhi HC

May 9, 2025 945 Views 0 comment Print

Delhi High Court dismisses revenue appeal against Bharti Airtel, reaffirming that charges paid for bandwidth to overseas operators are not taxable as royalty under the Income Tax Act.

Demonetization Hardships: ITAT Sets Aside Ex Parte Tax Order – Section 69A Addition

May 9, 2025 567 Views 0 comment Print

Tax tribunal remits Vijay Kumar Sharma assessment to CIT(A) for fresh hearing, citing non-compliance due to business hardship after demonetization.

CESTAT Remits Unreasoned Rejection of Interest Waiver for Power Project

May 9, 2025 840 Views 0 comment Print

CESTAT remits power project interest waiver case back to Chief Commissioner, citing unreasoned rejection and violation of natural justice principle.

Delhi HC to Rule on Railway AC Unit GST Rate

May 9, 2025 621 Views 0 comment Print

Delhi High Court examines GST rate dispute on railway AC units, reviewing a government circular imposing 28% vs. advance rulings supporting 18%.

Draft Assessment Order Not Mandatory for Ordinary Assessee Under Section 144B

May 9, 2025 1530 Views 0 comment Print

Kerala High Court rules serving draft assessment order not mandatory for ‘ordinary assessees’ under former Section 144B faceless tax law.

Section 13(1)(b) applies only during assessment not during 12AB registration

May 9, 2025 780 Views 0 comment Print

ITAT Ahmedabad rules Section 13(1)(b) applies only during assessment, not registration, remands trust 12AB application to CIT(E).

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