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Judiciary

Transfer Pricing: ITAT Delhi Favors Segmental ALP, Rejects Notional Interest

May 18, 2025 912 Views 0 comment Print

ITAT Delhi directs segment-wise ALP, includes Fiberfox comparable, and rejects notional interest on AE dues for Opterna Technologies, remits Section 68 issue.

Reopening u/s. 148 merely on the basis of change of opinion is bad-in-law

May 17, 2025 2013 Views 0 comment Print

ITAT Jaipur held that reopening under section 148 r.w.s. 148A is bad-in-law and liable to be quashed in as much as reopening was merely on the basis of change of opinion. Accordingly, appeal of assessee allowed and reopening quashed.

Non-implementation of resolution plan by JSW for two years is unjustified: SC

May 17, 2025 990 Views 0 comment Print

Supreme Court rejects resolution plan of JSW since Successful Resolution Applicant (JSW) did not implement the Resolution Plan for about two years since its approval by the NCLAT, though there was no legal impediment in implementing the same.

TPO to determine ALP of royalty payment using TNMM method: ITAT Bangalore

May 17, 2025 933 Views 0 comment Print

ITAT Bangalore held that disallowance of entire royalty payment by taking ALP at NIL not justified since there is no change in facts, circumstances or functions and hence principle of consistency should be applied.

SC denies Married Daughter Compensation for Mother’s Death due to Loss of Dependency

May 17, 2025 963 Views 0 comment Print

Supreme Court held that a married daughter may be considered a legal representative, but, she will not be eligible for loss of dependency compensation unless it is proven by the daughter that she was financially dependent on the deceased.

Magistrate can’t Order revaluation of smuggled goods at preliminary stage: Delhi HC

May 17, 2025 738 Views 0 comment Print

Delhi High Court held that Magistrate not empowered to order/ direct fresh revaluation of smuggled goods at the preliminary stage of investigation. Accordingly, direction for revaluation of goods is unsustainable in law.

Delay due to CA’s mistaken belief: Income Tax Appeal delay condoned

May 17, 2025 882 Views 0 comment Print

ITAT Bangalore held that delay of 38 days caused due to mistaken belief of Chartered Accountant (CA) is a sufficient cause and hence condonable. Accordingly, delay condoned and appeal to be decided on merits.

Crude Soybean Oil Deemed Manufactured Product, Eligible for Customs Duty Exemption: SC

May 17, 2025 1101 Views 0 comment Print

Supreme Court sets aside customs duty on imported crude degummed soyabean oil, ruling it’s not an agricultural product under the exemption. Your Taxguru Consultancy & Online Publication

No Surcharge on Income Below ₹50 Lakh: ITAT Pune

May 17, 2025 723 Views 0 comment Print

ITAT rules surcharge not applicable for private trust income below ₹50 lakh for AY 2023-24 & 2024-25, citing Araadhaya Jain Trust precedent.

AAR denies GST ITC on Imported Parts Where Foreign Supplier Paid Tax

May 17, 2025 1167 Views 0 comment Print

Gujarat AAR rules Indian company cannot claim GST credit on imported warranty parts where foreign supplier paid the import tax, value not in outward supply.

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