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Judiciary

Violation of section 269ST doesn’t render agreement unenforceable in Civil Court

April 15, 2025 1716 Views 0 comment Print

The plaintiff entity is a company engaged in the business of constructing and redeveloping immovable properties, either on a contractual or collaborative basis, and subsequently selling such properties.

Cess levied on export of Shrimp and Prawns unlawful hence refund granted

April 15, 2025 738 Views 0 comment Print

CESTAT Chennai held that cess levied on export of Shrimp and Prawns was unlawful and since the element of Agricultural Produce Cess paid on the export of Prawns and Shrimps was not passed, refund of the same is eligible.

No separate addition warranted as already covered in declaration of income: ITAT Nagpur

April 15, 2025 678 Views 0 comment Print

ITAT Nagpur held that addition towards unexplained expenditure u/s. 69C of the Income Tax Act not warranted since the same are already covered in declaration of income hence no separate additions warranted.

Termination of Leasehold Rights by GIDC During Moratorium Violates Section 14 of IBC

April 15, 2025 1017 Views 0 comment Print

NCLAT Delhi held that lease hold rights are assets of Corporate Debtor hence termination of the same by GIDC is in violation of section 14 of the Insolvency and Bankruptcy Code, 2016. Thus, appeal filed by Resolution Professional deserves to be allowed.

Works Rolls Classified as Capital Goods: Import Allowed Under Status Holder Incentive Scheme

April 15, 2025 732 Views 0 comment Print

CESTAT Kolkata held that ‘Works Rolls’ are Capital Goods and not spare parts and hence eligible to be imported against full utilization of Status Holder Incentive Scheme [SHIS Scheme]. Accordingly, appeal of assessee allowed.

Depreciation on Finance Lease Rental Payment allowed to lessee: ITAT Mumbai

April 15, 2025 1026 Views 0 comment Print

ITAT Mumbai held that alternative claim of assessee (lessee) to allow depreciation on Finance Lease Rental Payment is allowable since lessor is allowed deduction of the same under section 37(1) of the Income Tax Act.

Receipts from Passenger System Solutions not taxable as FTS in India: ITAT Mumbai

April 15, 2025 759 Views 0 comment Print

ITAT Mumbai rules Sita USA’s airline software services not taxable in India under FTS or DTAA. Revenue appeals for AY 2014-15 to 2021-22 dismissed.

Court cannot exercise discretionary jurisdiction to restrain Tax officer from assessment proceedings

April 15, 2025 660 Views 0 comment Print

Bombay High Court held that Court cannot exercise its discretionary jurisdiction to restrain income tax officers from proceedings with assessment proceedings where huge unaccounted income in accommodation entry has been detected.

Surcharge Applicable Only if Incomes Exceeds ₹50 Lakhs: ITAT Hyderabad

April 15, 2025 498 Views 0 comment Print

ITAT Hyderabad rules no surcharge on Sriram Trust’s income under ₹50 lakh, clarifying surcharge applies only as per thresholds in the Finance Act.

Capital Gains on Mutual Funds by Singapore Resident Not Taxable in India: ITAT Mumbai

April 15, 2025 3675 Views 0 comment Print

ITAT Mumbai rules on Anushka Shah vs ITO case, addressing capital gains taxability on mutual fund units under the India-Singapore DTAA.

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