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Judiciary

TDS not deductible as no work performed by JV: ITAT Mumbai

April 1, 2025 1824 Views 0 comment Print

During the course of a survey, it was seen that the assessee had defaulted in deducting tax at source on interest paid to AGE Patel Joint Venture (JV) in Financial Year (FY) 2016-17 on Mobilisation advance and Machinery advance.

Inordinate delay of 11 years in finalizing adjudication proceedings not tenable

April 1, 2025 1395 Views 0 comment Print

Delhi High Court quashed orders due to inordinate delay of more than 11 years in finalizing adjudication proceeding. Held that matters having financial liabilities or penal consequences cannot be kept unresolved for years.

GST Refund admissible if State of Telangana failed to transfer relevant TDS amount pertaining to State of Maharashtra

April 1, 2025 432 Views 0 comment Print

The petitioner raised bills on respondent No.4 based on the works executed from time to time, TDS @ 2% on the total value of the bills were recovered by respondent No.4 for the value of works executed in the State of Telangana and Maharashtra.

Addition merely based on loose paper and documents not sustainable

April 1, 2025 1653 Views 0 comment Print

ITAT Hyderabad held that addition on the basis of loose papers and documents found from the premises of third party is not tenable in the eye of law. Accordingly, appeal of the revenue is dismissed since addition not based on substantial evidence.

Customs Broker not required to verify correctness of certificates issued by government officer

April 1, 2025 1488 Views 0 comment Print

CESTAT Delhi held that regulation 10(n) doesn’t mandate Customs Broker to verify correctness of certificate or registration issued by other concerned government officer. Thus, revocation of customs broker licence and forfeiture of security deposit are set aside.

GST Refund claim filed within two years from relevant date cannot be rejected

April 1, 2025 2472 Views 0 comment Print

In W.P.No.6541 of 2022, the petitioner has challenged the Circular No.125/44/2019 dated 18.11.2019 issued by the third respondent and for a further direction to the first respondent to reconsider the refund claim on its merits.

‘Receiver’ being part of phone is classifiable under CTH 8517: CESTAT Chennai

April 1, 2025 783 Views 0 comment Print

CESTAT Chennai held that ‘Receiver’ being part of the phone is classifiable under CTH 8517. Thus, classification sought to be made by the Revenue under CTH 8518 lacks merit and hence, order is set aside.

ITAT Hyderabad Upholds Section 68 Additions, Denies Section 80C deduction

April 1, 2025 2613 Views 0 comment Print

ITAT Hyderabad sustains Section 68 additions, denies deductions for LIC premium and tuition fees, dismissing the assessee’s appeal for AYs 2011-12 & 2012-13.

ITAT Quashes Ex-Parte Order Passed the Day After Adjournment Request

April 1, 2025 1428 Views 0 comment Print

ITAT Delhi restores Siddharth Sharma’s appeal for fresh hearing, setting aside ex-parte orders on unexplained deposits and penalty for AY 2012-13.

Bombay HC Directs RBI to Accept ₹20 Lakh Demonetized Currency Seized by IT Tax Dept

April 1, 2025 825 Views 0 comment Print

Bombay High Court directs RBI to accept ₹20 lakh in demonetized currency, seized before the deadline, after petitioners provide required serial numbers.

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