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Judiciary

Clandestine Removal Cannot Be Alleged Without Concrete Evidence: CESTAT Kolkata

February 15, 2025 747 Views 0 comment Print

Analysis of CESTAT Kolkata’s decision in Mahavir Ferro Alloys Pvt. Ltd. Vs CGST & Central Excise, focusing on alleged clandestine removal and estimated production norms.

CESTAT allows CENVAT Credit on materials used in capital goods

February 15, 2025 753 Views 0 comment Print

CESTAT Kolkata allows CENVAT Credit to Rexon Strips Ltd., ruling that inputs used in capital goods are eligible, setting aside prior denials by lower authorities.

State Govt Can’t Modify Assessee Rights Under CST Act Without Revoking Entitlement Certificate: SC

February 15, 2025 744 Views 0 comment Print

Supreme Court held that State Government while applying amendment of Section 8(5) of the Central Sales Tax Act by the Finance Act, 2002 was not justified in taking away right accrued to assessee without revoking entitlement certificate.

ITAT deletes Section 69C Addition as allegations not substantiated with clear evidence

February 15, 2025 1362 Views 0 comment Print

DCIT Vs Triton Hotels and Resorts Private Limited (ITAT Mumbai) Income Tax Appellate Tribunal (ITAT), Mumbai, adjudicated appeals in the case of DCIT Vs Triton Hotels and Resorts Pvt. Ltd. The matter primarily pertained to unexplained expenditures assessed under Section 69C of the Income Tax Act for the assessment year (AY) 2020-21. Cross-appeals were filed […]

Govt. Funded ITI Entitled to Section 10(23C)(iiiab) Tax Exemption: ITAT Pune

February 15, 2025 1290 Views 0 comment Print

ITAT Pune rules that an ITI substantially funded by the government qualifies for tax exemption under Section 10(23C)(iiiab), even if the primary income source is interest on government grants.

Serving signed arbitral award copy to employee is not proper service u/s. 31(5) of Arbitration Act

February 15, 2025 507 Views 0 comment Print

Bombay High Court held that serving signed copy of arbitral award to employee of the partnership firm is not proper service of signed award as required under section 31(5) of the Arbitration and Conciliation Act, 1996.

SC disposes of ITO Vs DXN Herbal case due to low tax effect under Rs. 5 crores

February 15, 2025 384 Views 0 comment Print

Supreme Court disposes of ITO Vs DXN Herbal case due to low tax effect under Rs. 5 crores. Question of law remains open per Circular dated 17 Sept 2024.

ITAT Rajkot directs AO to verify genuineness of transaction for addition towards unsecured loan

February 15, 2025 438 Views 0 comment Print

ITAT Rajkot remanded the matter as lower authority has not exercised their power to enquiry in section 131 and 133(6) of the Act to verify the genuineness of the transaction and creditworthiness of the party in case of addition towards unsecured loan u/s. 68.

Section 10(23C)(iiiac) & 11(2) exemption cannot be denied for Belated Form 10

February 15, 2025 4611 Views 0 comment Print

ITAT Bangalore upholds CIT(A)’s decision, stating that belated filing of Form 10 is a procedural lapse and doesn’t disqualify an institution from tax exemptions under Section 10(23C)(iiiac) and 11(2).

Revenue cannot deviate from prior years decisions without demonstrating change in factual matrix

February 15, 2025 429 Views 0 comment Print

It is also noteworthy that the learned Departmental Representative (DR), during the hearing, did not point out any material differences between the facts of the present case and those of the earlier assessment years.

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