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Judiciary

Section 148 Notice Invalid: Jurisdictional AO Issued, Faceless Unit Assessed

June 5, 2025 2370 Views 0 comment Print

ITAT Jodhpur held that reassessment notice under section 148 of the Income Tax Act issued by Jurisdictional Assessing Officer is bad and invalid since the same needs to be issued by National Faceless Appeal Centre. Thus, assessment order passed thereon is quashed.

Reopening quashed as objections raised not disposed of by AO: ITAT Mumbai

June 5, 2025 978 Views 0 comment Print

As stated earlier, appellant had raised objection on 15.01.2022 against re-opening but the same was not disposed of by AO by passing a speaking order as per guidelines issued by SC in case of KGN Driveshafts.

Excess stock found during survey is business income, not unexplained U/S 115BBE

June 5, 2025 849 Views 0 comment Print

ITAT Pune rules excess stock found at Kolhapur Timber during survey is business income, not unexplained, directing normal tax rates. Cites multiple precedents.

Donation for Scientific Research Auditorium Deductible Even if Capital in Nature: ITAT Hyderabad

June 5, 2025 558 Views 0 comment Print

On the other hand, it was submitted by the that the state-of-the-art Auditorium is used for conducting seminars, workshops which is integral part of scientific research work by IISc, Bangalore and therefore, assessee is eligible for deduction u/sec.35(1)(ii).

Waiver of loan amount cannot be brought to tax u/s. 41(1): ITAT Chennai

June 5, 2025 972 Views 0 comment Print

ITAT Chennai held that waiver of amount of loan, whether principal or interest component, cannot be brought to tax under section 41(1) of the Income Tax Act. Accordingly, appeal of assessee allowed and addition directed to be deleted.

Excess Stock taxable as Business Income, Not U/S 115BBE: ITAT Pune

June 5, 2025 579 Views 0 comment Print

ITAT Pune rules excess stock declared during survey is business income, not unexplained income under 115BBE, if linked to regular business activities.

Black Money Act Inapplicable: Foreign Shareholding Properly Disclosed – ITAT Delhi

June 5, 2025 585 Views 0 comment Print

ITAT Delhi held that foreign share holding duly disclosed with Income Tax Department and hence the same cannot be taxed under the Black Money Act. Accordingly, order of CIT(A) upheld and appeal of revenue dismissed.

SC Overturns HC Order in Power Dispute as alternate remedy existed

June 5, 2025 996 Views 0 comment Print

Supreme Court quashes HC order in Jaipur Vidyut vs MB Power. Stresses using statutory remedy under Electricity Act before writ. HC mandamus against public interest.

Section 114 Penalty set aside as no fraudulent export evidence recorded: CESTAT Delhi

June 5, 2025 684 Views 0 comment Print

CESTAT Delhi held that penalty under section 114 of the Customs Act, 1962 cannot be imposed in the absence of any evidence that there was fraudulent export of goods. Accordingly, appeal allowed and penalty set aside.

Compensation for Continuing Job Contract Work is allowable Business Expense

June 5, 2025 858 Views 0 comment Print

ITAT Kolkata allows Farseen Rubber Industries’ Rs 1 Cr compensation to JK Tyre, ruling it a commercial expense, not an offense under Section 37.

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