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Judiciary

Gujarat HC Awards Interest on Delayed Tax Refund under Vivad Se Vishwas Scheme

March 6, 2025 1137 Views 0 comment Print

Gujarat HC orders 6% interest on delayed tax refunds under DTVSV Act, citing principles of natural justice. Refund delays due to account validation issues resolved.

Section 69A not invocable when cash sourced out of recorded debtors: ITAT Chennai

March 6, 2025 1188 Views 0 comment Print

ITAT Chennai held that when cash is sourced out of recorded debtors, provisions of section 69A of the Income Tax Act could not be invoked. Accordingly, addition u/s. 69A is not sustainable in law.

Guwahati HC Ruling on GST Rate for Carbonated Beverages with Fruit Juice

March 6, 2025 1470 Views 0 comment Print

Guwahati High Court’s landmark judgment on the tax rate for carbonated beverages containing fruit juice as per FSSAI Regulation 2.3.30. The court clarified the tax rate as 12% up to 30-09-2021.

Interest Income from employee loans was to be treated as Business Income not Income from Other Sources

March 6, 2025 585 Views 0 comment Print

Interest income earned from staff loans and advances was incidental to the business of power generation and qualifies as “business income” by relying on the judgment of the Hon’ble Orissa High Court in Odisha Power Generation Corporation Ltd.

Addition u/s. 2(22)(e) untenable as trade advances cannot be characterized as loans or advance

March 6, 2025 654 Views 0 comment Print

ITAT Hyderabad held that trade advances, in the nature of commercial transactions, cannot be characterized as ‘loans or advance’ constituting deemed dividend within the meaning of section 2(22)(e). Thus, addition towards deemed dividend untenable.

Addition for capital contribution from partners not sustained as identity of partners and genuineness of transaction established

March 6, 2025 807 Views 0 comment Print

M/s. GRR Holdings is a firm was incorporated on 31.01.2014 with two partners Shri Gaddam Shyam Prasad Reddy & Shri Syed Fayaz Mohammed. The main objective of the partnership firm is to carry on real estate business.

Gauhati HC upholds constitutional validity of rule 36(4) of the CGST Rules

March 6, 2025 1101 Views 0 comment Print

Gauhati High Court held that sub-rule (4) of Rule 36 of the Central Goods and Services Tax Rules [CGST Rules] is constitutionally valid. Thus, writ challenging validity of the same is liable to be dismissed as being devoid of any merits.

Issue of reopening notice u/s. 148 by ACIT-Jaipur illegal as jurisdiction lies with ITO-Delhi

March 6, 2025 813 Views 0 comment Print

ITAT Jaipur held that issuance of notice under section 148 of the Income Tax Act by ACIT, Jaipur, is illegal and liable to be quashed since ITO-Delhi has jurisdiction over the case of the assessee. Accordingly, order of CIT(A) set aside.

Reopening of assessment based on borrowed satisfaction not sustainable: Gujarat HC

March 6, 2025 852 Views 0 comment Print

Gujarat High Court held that reopening of assessment based on borrowed satisfaction without there being any link between information and data available on record is unsustainable in law. Accordingly, notices are liable to be quashed and set aside.

Reopening assessment without controverting explanation of assessee is bad-in-law: ITAT Kolkata

March 6, 2025 1074 Views 0 comment Print

ITAT Kolkata held that reopening of assessment framed u/s. 148A(d) without application of mind and without controverting the explanation of the assessee is bad in law and is accordingly being quashed. Thus, appeal of the assessee allowed.

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