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Judiciary

123.97 Cr Addition: 7-Day Notice Period Unreasonable, Rules ITAT Raipur

April 15, 2025 3090 Views 0 comment Print

The case of the assessee was selected for complete scrutiny assessment and notice u/s 143(2) of the Income Tax Act, 1961 was issued. Consequently, notice u/s 142(1) of the Income Tax Act, 1961 were also issued.

Section 263 Cannot Be Invoked Solely for Lack of DVO Report: Karnataka HC

April 15, 2025 585 Views 0 comment Print

Karnataka High Court rules Section 263 cannot be invoked solely due to the absence of a DVO report, if best judgment assessment was an option.

Violation of section 269ST doesn’t render agreement unenforceable in Civil Court

April 15, 2025 1590 Views 0 comment Print

The plaintiff entity is a company engaged in the business of constructing and redeveloping immovable properties, either on a contractual or collaborative basis, and subsequently selling such properties.

Cess levied on export of Shrimp and Prawns unlawful hence refund granted

April 15, 2025 648 Views 0 comment Print

CESTAT Chennai held that cess levied on export of Shrimp and Prawns was unlawful and since the element of Agricultural Produce Cess paid on the export of Prawns and Shrimps was not passed, refund of the same is eligible.

No separate addition warranted as already covered in declaration of income: ITAT Nagpur

April 15, 2025 636 Views 0 comment Print

ITAT Nagpur held that addition towards unexplained expenditure u/s. 69C of the Income Tax Act not warranted since the same are already covered in declaration of income hence no separate additions warranted.

Termination of Leasehold Rights by GIDC During Moratorium Violates Section 14 of IBC

April 15, 2025 906 Views 0 comment Print

NCLAT Delhi held that lease hold rights are assets of Corporate Debtor hence termination of the same by GIDC is in violation of section 14 of the Insolvency and Bankruptcy Code, 2016. Thus, appeal filed by Resolution Professional deserves to be allowed.

Works Rolls Classified as Capital Goods: Import Allowed Under Status Holder Incentive Scheme

April 15, 2025 669 Views 0 comment Print

CESTAT Kolkata held that ‘Works Rolls’ are Capital Goods and not spare parts and hence eligible to be imported against full utilization of Status Holder Incentive Scheme [SHIS Scheme]. Accordingly, appeal of assessee allowed.

Depreciation on Finance Lease Rental Payment allowed to lessee: ITAT Mumbai

April 15, 2025 873 Views 0 comment Print

ITAT Mumbai held that alternative claim of assessee (lessee) to allow depreciation on Finance Lease Rental Payment is allowable since lessor is allowed deduction of the same under section 37(1) of the Income Tax Act.

Receipts from Passenger System Solutions not taxable as FTS in India: ITAT Mumbai

April 15, 2025 735 Views 0 comment Print

ITAT Mumbai rules Sita USA’s airline software services not taxable in India under FTS or DTAA. Revenue appeals for AY 2014-15 to 2021-22 dismissed.

Court cannot exercise discretionary jurisdiction to restrain Tax officer from assessment proceedings

April 15, 2025 549 Views 0 comment Print

Bombay High Court held that Court cannot exercise its discretionary jurisdiction to restrain income tax officers from proceedings with assessment proceedings where huge unaccounted income in accommodation entry has been detected.

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