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Judiciary

Estimation-based additions not justify Section 271(1)(c) Penalty: ITAT Rajkot

April 17, 2025 780 Views 0 comment Print

ITAT Rajkot cancels penalty on Anil Odedara, ruling income was estimated and not grounds for concealment under Section 271(1)(c) of the Income Tax Act.

Section 148 Reassessment notice invalid if issued by an AO lacking Jurisdiction

April 17, 2025 7497 Views 0 comment Print

ITAT Jaipur sets aside addition and penalty against Mukesh Kumar Agarwal due to lack of valid jurisdiction and time-barred penalty order.

Bogus Purchase: ITAT Quashes Reassessment Order on Jurisdiction Grounds

April 17, 2025 1134 Views 0 comment Print

ITAT Raipur sets aside assessment against Adarsh Rice Mill due to lack of jurisdiction under Section 147. Merits of the case remain undecided.

No Service Tax on Liquidated damages for non-compliance or breach of contract

April 17, 2025 756 Views 0 comment Print

CESTAT Delhi sets aside service tax on consultancy and penalties for MPPTCL; upholds tax on hire charges. Order modifies previous tax demand.

No Service Tax on Penalties for breach of contractual terms: CESTAT Delhi

April 17, 2025 678 Views 0 comment Print

CESTAT Delhi sets aside service tax demand on penalties, ruling South Eastern Coalfields’ liquidated damages not taxable as declared service under Section 66E(e).

No Service Tax on Compensation for tolerating non-performance of contractual terms

April 17, 2025 687 Views 0 comment Print

CESTAT Delhi rules against service tax demand on Northern Coalfields Ltd. for penalties, liquidated damages, and forfeited deposits, citing lack of service provision.

Reassessment u/s. 147 without any fresh material not sustainable: ITAT Raipur

April 16, 2025 1119 Views 0 comment Print

ITAT Raipur held that reassessment proceedings under section 147 of the Income Tax Act without any fresh material, amounts to mere change of opinion, and hence the same is not sustainable in law.

Section 138 of NI Act doesn’t require complainant to prove his financial capacity

April 16, 2025 49290 Views 0 comment Print

Supreme Court held that in the case under Section 138 of the Negotiable Instruments Act, 1881 [NI Act], complainant is not required to show evidence that he had the financial capacity. Accordingly, appeal of appellant allowed.

Fresh examination needed for difference in stock of plant and machinery as compared to previous year

April 16, 2025 531 Views 0 comment Print

ITAT Raipur held that change in method of depreciation can be reason for difference in closing stock of plant and machinery in previous year vis-à-vis opening stock in current year and the same needs further examination, hence matter restored back.

ITAT Delhi quashes reassessment order as Section 148 notice sent to wrong email ID

April 16, 2025 7617 Views 0 comment Print

ITAT Delhi quashes reassessment order against Nitin Jain due to invalid service of notice under Section 148, sent to the wrong email ID.

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