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Judiciary

100% EOU is a customs bonded unit hence permission granted to remove cashew kernels for re-processing

May 2, 2025 846 Views 0 comment Print

Kerala High Court held that 100% Export Oriented Unit i.e. EOU is itself a customs bonded unit and hence no reason exists to deny permission to the petitioner to remove the cashew kernels covered by Bill of Entry to be re-processed in its own customs bonded premises.

Application of cash received from unrecorded cash sales needs verification hence matter restored

May 2, 2025 684 Views 0 comment Print

ITAT Pune held that application of cash received from unrecorded cash sales needs verification since assessee claims that it is applied for giving advance to the farmers for purchase of raw material and also for expansion of the existing showroom.

Share Application Money from Existing Shareholders, Later Converted to Shares, Is a Capital Receipt

May 2, 2025 1071 Views 0 comment Print

ITAT Mumbai rules share application money from existing shareholders, later converted to shares, is a capital receipt, not taxable as business income u/s 28(iv).

Section 40(a)(ia) disallowance Invalid If Payee Declared Income; Form 26A Not Applicable Pre-2012

May 2, 2025 1035 Views 0 comment Print

ITAT Kolkata allows appeal, holding TDS disallowance unsustainable if payee taxed income, especially when Form 26A wasn’t applicable.

No Section 270A Penalty for Delay in Filing Form 67 if no Misreporting of Income

May 2, 2025 1065 Views 0 comment Print

ITAT Visakhapatnam rules no penalty for late Form 67 filing when foreign tax payment is genuine; upholds CIT(A) decision against Revenue.

Interest on Enhanced agricultural Land acquisition Compensation Under Section 28 is Tax-Free

May 2, 2025 3723 Views 0 comment Print

ITAT Delhi holds interest on enhanced land acquisition compensation under Section 28 is tax-free under Section 10(37), not taxable under Section 56.

ITAT Bangalore Quashes Reassessment Over Procedural Flaws in New Framework

May 2, 2025 1461 Views 0 comment Print

Analysis of ITAT Bangalore order in E. Ashwath Narayan vs. ITO case, focusing on procedural violations and assessment challenges for AY 2015-16.

Rectification of clerical or arithmetical error in GSTR-1 shouldn’t be denied

May 2, 2025 1788 Views 0 comment Print

The right to correct mistakes in the nature of clerical or arithmetical error is a right that flows from the right to do business and should not be denied unless there is a good justification and reason to deny benefit of correction.

Section 115BAC Benefits Allowed Despite Delay in Filing Form 10IE if Filed with Return

May 2, 2025 1896 Views 0 comment Print

ITAT cochin bench held that the benefits of new tax regime u/s 115BAC shall not be denied even if there is a delay in filing of Form No. 10IE, provided Form 10IE is filed along with the return of income and it is available at the time of processing the return.

Rejection of request for cross-examination cannot be ground to bypass statutory appellate remedy

May 2, 2025 1239 Views 0 comment Print

Delhi High Court held that mere rejection of the Petitioner’s request for cross-examination cannot be treated as a sufficient ground to bypass the statutorily prescribed appellate remedy and invoke the writ jurisdiction of this Court. Accordingly, writ disposed of.

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