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Judiciary

Section 12A Registration Cannot Be Cancelled for Genuine Trust Activities: ITAT Pune

March 29, 2025 2979 Views 0 comment Print

TAT Pune ruled that 12A registration of trusts engaged in genuine charitable activities cannot be revoked. Exemptions can be denied only for specific violations.

15 days minimum time to be given to respond to hearing notices: ITAT Pune

March 28, 2025 1359 Views 0 comment Print

ITAT Pune remands Dnyanagan Education Society’s case for fresh consideration after the rejection of its Section 12AB registration due to procedural lapses and short response time.

Stressed Assets Stabilization Fund is a deemed dealer under MVAT Act

March 28, 2025 516 Views 0 comment Print

Bombay High Court held that Stressed Assets Stabilization Fund is a deemed dealer as per Explanation to section 2(8) of the Maharashtra Value Added Tax, 2002 [MVAT Act] and hence liable for payment of tax.

ITAT Ahmedabad orders Fresh Assessment on FD Interest from Land Compensation

March 28, 2025 729 Views 0 comment Print

ITAT Ahmedabad held that fresh assessment is necessary in case of taxability of interest earned from Fixed Deposit from compensation received for compulsory acquisition of agricultural land. Thus, matter restored for fresh assessment.

Filing of cross objection before High Court is not maintainable

March 28, 2025 1044 Views 0 comment Print

Delhi High Court held that Section 260A of the Income Tax Act refrains from incorporating a specific provision permitting the filing of a cross-objection. Thus, cross objection would not be maintainable.

Recovery or repayment of fraudulent income doesn’t qualify as allowable expense

March 28, 2025 1008 Views 0 comment Print

In the present case, recovery or repayment of fraudulent income does not qualify as an allowable expense. Allowing deductions for recovery of fraudulent income would contradict the legislative intent of the Income-tax Act.

Income of AOP taxable at MMR if any member is taxable at rate higher than MMR

March 28, 2025 2145 Views 0 comment Print

ITAT Ahmedabad held that as per the provisions of Section 167B of the Income Tax Act, Maximum Marginal Rate (MMR) is applicable on entire income of AOP if any one member of the AOP is taxable at a rate higher than MMR.

Charger not to be taxed separately when it is sold with cell phone: SC

March 28, 2025 1338 Views 0 comment Print

Vide the present appeal it is mainly contesting that when a cell phone is sold along with a charger, there is only one Maximum Retail Price (MRP) stated on the packaging and therefore, Entry 28 has to be read in the context of the said facts.

Addition u/s. 68 based on suspicion and presumptions not sustainable: ITAT Surat

March 28, 2025 2535 Views 0 comment Print

ITAT Surat held that addition under section 68 of the Income Tax Act treating transaction as bogus merely on the basis of suspicion, presumptions and probability is not sustainable in law. Accordingly, appeal of assessee allowed.

Transfer of trademark acquired prior to 01.04.1998 is taxable as long-term capital gain

March 28, 2025 621 Views 0 comment Print

During the assessment proceedings, it was observed that the assessee sold two trademarks “Coldarin” and “Raricap”. The gains accrued on the transfer of both these capital assets gave rise to income chargeable to tax under the head “Capital Gains”.

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