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Judiciary

No Automatic Exemption Denial on Delayed Form 10B: ITAT Cochin

May 20, 2025 687 Views 0 comment Print

ITAT Cochin rules CPC cannot deny Section 11 exemption for delayed Form 10B filing under Section 143(1)(a), remands case for re-evaluation.

Supreme Court: Shareholder Loans Taxable as Income

May 20, 2025 525 Views 0 comment Print

India’s Supreme Court ruled that loans from private companies to shareholders can be taxed as deemed dividends under the 1922 Income-tax Act, upholding anti-evasion laws.

Supreme Court Dismisses Gujarat Election Ordinance Appeal

May 20, 2025 360 Views 0 comment Print

Supreme Court dismisses appeal against Gujarat HC order on local body elections, finding the case infructuous after polls were held in 2015.

Orissa HC Directs Income Tax Refund Following Taxpayer’s Successful Appeal

May 19, 2025 795 Views 0 comment Print

High Court directs the Income Tax Department to refund Rs 63.9 lakh recovered from a Co-operative Society after its appeal against a tax demand succeeded. Order includes interest.

Rejection of e-Form NDH-4 Beyond 45 Days time limit Invalid: Madras HC

May 19, 2025 1083 Views 0 comment Print

Madras High Court held that rejection of e-Form NDH-4 application beyond time limit of 45 days is not allowable hence petitioner directed to submit a fresh reply regarding compliance of defects stated in orders.

Offering volume-based discounts doesn’t constitute abuse of dominance under Competition Act

May 19, 2025 819 Views 0 comment Print

Supreme Court held that Schott (principal domestic manufacturer) offering volume-based discounts doesn’t constitute abuse of dominance under section 4 of the Competition Act, 2002.

GST Classification Dispute Over Fitted Assets Sent Back to West Bengal AAR

May 19, 2025 648 Views 0 comment Print

West Bengal GST AAAR remands TCG Urban case on fitted asset classification to AAR. Parties cited Bharati Airtel & BSNL tests; issue hinges on asset nature & agreements.

Penalty u/s. 112(a) set aside as direct involved of Customs Broker in mis-declaration not established

May 19, 2025 1677 Views 0 comment Print

CESTAT Delhi held that imposition of penalty under section 112(a) of the Customs Act, 1962 not justified since revenue failed to establish direct involved of Customs Broker in mis-declaration of imported goods. Accordingly, appeal allowed and penalty deleted.

Addition in unabated assessment deleted in absence of incriminating material found during search

May 19, 2025 738 Views 0 comment Print

ITAT Pune held that in respect of unabated assessment, no addition can be made by AO in absence of any incriminating material found during the course of search under section 132 of the Income Tax Act. Accordingly, order set aside and appeal allowed.

Reopening u/s. 147 quashed as based on vague reasons and non-application of mind

May 19, 2025 2082 Views 0 comment Print

ITAT Kolkata held that the reopening of assessment cannot be allowed on the basis of vague reasons, where AO has not done anything as there was gross non-application of mind by the Assessing Officer. Accordingly, reopening of assessment u/s. 147 is quashed.

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