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Judiciary

Section 40A(3) cannot be invoked as income estimated based on gross profit rate

July 1, 2025 699 Views 0 comment Print

ITAT Delhi held that invocation of provisions of section 40A(3) of the Income Tax Act not justifiable as income is estimated on the basis of gross profit rate. Thus, disallowance u/s. 40A(3) set aside and appeal stands allowed.

Surcharge not leviable as slab rates of Private Discretionary Trust is below Rs. 50 Lakhs: ITAT Mumbai

July 1, 2025 798 Views 0 comment Print

ITAT Mumbai held that Private Discretionary Trust whose income is chargeable to tax at maximum marginal rate is not leviable to pay surcharge if the slab rates are below Rs. 50 Lakhs. Accordingly, surcharge is not leviable in the present case and appeal is allowed.

Bail application rejected as accused found guilty of illegal mining

July 1, 2025 459 Views 0 comment Print

Delhi High Court held that bail application of accused is rejected as there is reasonable ground to believe the accused is found guilty in illegal mining and money laundering. Further, plea to grant bail on medical grounds also rejected as accused condition is stable and regularly reviewed by doctor.

Service tax on foreign bank charges not payable as services not received by exporter

July 1, 2025 897 Views 0 comment Print

The appellant appears to have given a discount on the gross value of the exports which was reflected in the invoice raised by the appellant as well and hence, appellant received 97% of the gross value of the export in its bank account (Bank of Maharashtra).

Loose Papers Found with Third Party Cannot Justify Addition Without Corroborative Evidence: ITAT Nagpur

July 1, 2025 1692 Views 0 comment Print

ITAT Nagpur ruled that loose papers found with a third party cannot justify income addition without corroborative evidence, especially if statements are retracted.

ITAT Bangalore allows 87A rebate on revised return filed to rectify omission

July 1, 2025 5733 Views 0 comment Print

ITAT Bangalore ruled in favor of Thejaswini Jakkaraju, allowing the Section 87A tax rebate on a revised return filed to rectify an omission in the original filing.

ITAT Pune Restores Appeals Dismissed Ex-Parte for merit-based decision

July 1, 2025 735 Views 0 comment Print

ITAT Pune condones delay, restores six appeals to CIT(A) for merit-based decision, citing non-compliance with Section 250(6) and assessee’s health.

ITAT deletes addition for On-Money due to absence of any corroborative evidence

July 1, 2025 1467 Views 0 comment Print

Mumbai ITAT deletes ₹42 lakh ‘on money’ addition against assessee, citing tax officer’s failure to provide cross-examination and lack of independent evidence.

Defective Section 151(2) sanction & non-disposal of objections: ITAT quashes Reassessment in on money Case

July 1, 2025 1590 Views 0 comment Print

Mumbai ITAT dismisses appeal against assessee, citing invalid Section 148 notice due to improper sanction and lack of cross-examination in ‘on money’ case.

Delhi HC Stays Coercive Action in GST Overlap

July 1, 2025 429 Views 0 comment Print

Delhi High Court halts coercive measures against Raghav Agarwal in a GST case involving multiple show cause notices for overlapping periods.

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