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Judiciary

Section 50C not applicable to assignment of development rights: ITAT Bangalore

February 18, 2025 1860 Views 0 comment Print

ITAT Bangalore ruled on the taxability of Transferable Development Rights (TDR) in the case of Smt. Sowmya Sathyan vs. ITO, clarifying its classification under income tax laws.

Section 50C not applicable to transfer of development rights of land: ITAT Pune

February 18, 2025 4614 Views 0 comment Print

ITAT Pune ruled on capital gains in Smt. Vimal Baburao Jadhav Vs ITO. The Tribunal held Section 50C inapplicable, recalculating LTCG based on actual transactions.

Madhya Pradesh HC Ruling on DFIA Benefits for Importers

February 18, 2025 852 Views 0 comment Print

Madhya Pradesh High Court rules in favor of Global Exim, affirming DFIA benefits for importers. The decision aligns with past judicial precedents on duty-free imports.

ITAT Pune allows Foreign Tax Credit: Form 67 filing is procedural, not mandatory

February 18, 2025 948 Views 0 comment Print

ITAT Pune allows Foreign Tax Credit for Kasper Pieter Tideman, ruling that Form 67 filing is procedural, not mandatory. Read the case details and key judicial precedents.

HC directs Refund of Ocean Freight Tax to Petitioner for refund to Consumers

February 18, 2025 702 Views 0 comment Print

After pronouncement of the Judgment of this Court, the petitioner stopped paying IGST on ocean freight in respect of the CIF contracts and also claimed the refund of the IGST already paid on the ocean freight on the basis of the said Judgment.

Delhi HC Lacks Jurisdiction to entertain Appeals Against Amritsar AO Orders

February 18, 2025 396 Views 0 comment Print

In Seth Banarsi Dass Gupta v. Commissioner of Income Tax, it is held that the High Court within whose jurisdiction the AO has passed the assessment order would have the jurisdiction to entertain the appeal under Section 260A of the Act.

Matter restored back to CIT(A) as ex-parte order passed violating principles of natural justice

February 18, 2025 1185 Views 0 comment Print

ITAT Ahmedabad held that where Commissioner (Appeals) passed ex-parte order in violation of principles of natural justice, one more opportunity should be granted to assessee. Accordingly, matter restored back to CIT(A) for de-novo consideration.

Approval accorded u/s. 153D in mechanical manner is unsustainable: Delhi HC

February 18, 2025 1137 Views 0 comment Print

Delhi High Court held that approval accorded in terms of section 153D of the Income Tax Act in a mechanical manner without application of mind is unsustainable in law. Accordingly, appeal of revenue dismissed and assessment order quashed.

Kerala HC allowed lower 4% concessional tax rate instead of 6% under KVAT Act

February 18, 2025 414 Views 0 comment Print

The company had canceled its CST registration effective from March 31, 2014, and argued that it had not imported any goods from other states or countries for incorporation in its works contracts.

Disallowance u/s 14A was invalid in absence of Exempt Income

February 18, 2025 870 Views 0 comment Print

Assessee-company was involved in manufacturing tractors, agricultural equipment, and spare parts, also operated a technology center providing IT and engineering services to Deer Associates.

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