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Judiciary

Requisition of seized cash u/s. 132A of Income Tax Act allowed: Gujarat HC

June 3, 2025 1647 Views 0 comment Print

Gujarat High Court held that requisition of seized cash allowed under section 132A of the Income Tax Act and directed that the income tax department shall be free to undertake all actions permitted under the law and shall deposit the entire amount in the P.D. Account.

No Evidence of Cash Received Back for Purchases: HC Dismisses Revenue Appeal

June 3, 2025 1254 Views 0 comment Print

In the matter abovementioned Delhi HC dismissed appeal filed by revenue after observing that there is no allegation or finding that cash had been received back by the assessee in respect of the purchases reflected in its books of account.

DTVSV Scheme benefit available as appeal against assessment order revived: Madras HC

June 3, 2025 555 Views 0 comment Print

Madras High Court held that benefit under Direct Vivad se Vishwas Scheme, 2024 [DTVSV Scheme] eligible since appeal filed against assessment order dated 26.12.2016 was revived/restored/alive.

Section 43B not attracted in respect of electricity duty: ITAT Delhi

June 3, 2025 1050 Views 0 comment Print

ITAT Delhi held that provisions of section 43B of the Income Tax Act is not attracted to the licensee/assessee in respect of electricity duty. Thus, question is answered in favour of the assessee and hence appeal of revenue dismissed.

Service tax refund applied contrary to Section 102(3): CESTAT upholds rejection as time-Barred

June 3, 2025 711 Views 0 comment Print

The assessee’s application, which was filed on 9-2-2017, was rejected by the Assistant Commissioner and later by the Commissioner (Appeals) on the grounds that it was submitted beyond the six-month deadline stipulated under Section 102(3) of the Act.

Mere occurrence of breach doesn’t entitle claim for Liquidated Damages: Actual loss to be proved

June 3, 2025 1146 Views 0 comment Print

Delhi High Court held that the Liquidated Damages clause does not entitle a party to claim the whole Liquidated Damages sum automatically upon the occurrence of breach. Liquidated Damages can be claimed subject to proving the actual loss suffered.

Revision u/s. 263 quashed as assessment order not erroneous & prejudicial to revenue interest

June 3, 2025 897 Views 0 comment Print

ITAT Chandigarh held that invocation of revisionary power under section 263 of the Income Tax Act not sustainable since PCIT failed to establish that assessment order was erroneous and prejudicial to the interest of revenue. Accordingly, appeal of assessee allowed.

Section 54F exemption granted for different floors of single residential house

June 3, 2025 1344 Views 0 comment Print

Delhi High Court held that exemption under section 54F of the Income Tax Act is allowed towards different floors of a house considering it as single residential house. Accordingly, appeal of the revenue dismissed.

VAT not payable on supply of food stuff as its ancillary activity of university: HP HC

June 3, 2025 540 Views 0 comment Print

Himachal Pradesh High Court held that petitioner/ university is not liable to pay taxes on supply of food stuff and other items to students since ancillary activities of providing canteen facilities to the inmates of the University would not amount to business as defined by the Act.

GST Demand Order Requires Reply Consideration and Hearing Opportunity

June 3, 2025 3453 Views 0 comment Print

Delhi High Court quashes tax demand order for non-consideration of reply and lack of hearing. Future orders contingent on Supreme Court’s decision on notification validity.

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