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Judiciary

Social Welfare Surcharge will be Nil when Basic Customs Duty is Nil: CESTAT Mumbai

April 12, 2025 1422 Views 0 comment Print

CESTAT Mumbai held that the amount of Social Welfare Surcharge (SWS) payable would be ‘Nil’ in case where Basic Customs Duty (BCD) is Nil. Accordingly, the appeal is allowed.

Section 271(1)(c) Penalty cannot be levied on estimated income: ITAT Surat  

April 12, 2025 1251 Views 0 comment Print

ITAT Surat rules no penalty under Section 271(1)(c) if income is assessed on estimate. Penalty deleted as disallowances were based on turnover estimation.

Section 263 revision cannot exceed reassessment scope: ITAT Kolkata

April 12, 2025 1221 Views 0 comment Print

ITAT Kolkata rules Sec 263 cannot exceed reassessment scope, limits revision period. Disallowances u/s 40A(3) sent back for scrutiny.

Addition merely based on entries found in seized dairy not sustainable: ITAT Delhi

April 12, 2025 1026 Views 0 comment Print

ITAT Delhi held that addition merely on the basis of entries found in the seized diary without any corroborative evidence and without any independent enquiry by AO is not sustainable. Accordingly, addition made by AO is deleted.

Cash transaction between sister concerns: ITAT Kolkata Deletes Section 271E Penalty

April 12, 2025 1323 Views 0 comment Print

ITAT Kolkata removes ₹1 crore penalty under Sec 271E, ruling cash transaction between sister concerns as reimbursement, not loan repayment.

ITAT Kolkata Allows Partner Salaries, Staff Expenses, & Other Business Costs  

April 12, 2025 609 Views 0 comment Print

Kolkata ITAT allows appeal by Youth Potent Potation, overturning disallowances on partners’ salary, staff expenses, accounting charges, and donations for AY 2015-16.

Uploading of DRP directions on ITBA portal amounts to receipt by AO: ITAT Kolkata

April 12, 2025 1098 Views 0 comment Print

ITAT Kolkata held AO’s order under Section 144C(13) was passed beyond limitation; quantum appeal allowed, stay application dismissed.

Shares pledged should be released post repayment of loan: Delhi HC

April 12, 2025 684 Views 0 comment Print

Delhi High Court held that IFCI Limited (Lender) is required to release the shares from the pledge as and when the loan is repaid by the borrower. Accordingly, Court directed IFCI to release the pledge within a period of six weeks.

TDS credit as reflected in Form 26AS is allowable: ITAT Raipur

April 12, 2025 1155 Views 0 comment Print

ITAT Raipur held that due to non-response for assessee if addition of income is done as Form 26AS then obviously TDS credit available in Form 26AS needs also to be allowed. Thus, appeal partly allowed.

Section 56(2)(x) Addition Deleted as Price Variation was Within 10% Tolerance

April 12, 2025 1464 Views 0 comment Print

ITAT Mumbai held that addition under section 56(2)(x) of the Income Tax Act not justified since value adopted by the DVO and actual purchase price declared by the assessee falls within the tolerance limit of 10%. Accordingly, appeal allowed.

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