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AOP taxed at normal rates instead of maximum marginal rate as section 167B not applicable

April 8, 2025 2604 Views 0 comment Print

ITAT Pune held that Association of Person (AOP) taxable at Normal Rates instead of Maximum Marginal Rate (MMR) as provisions of section 167B of the Income Tax Act are not applicable. Accordingly, appeal of assessee allowed.

ITAT Allows Appeal Delay, Directs Fresh Adjudication by AO Following SC Guidelines

April 8, 2025 4245 Views 0 comment Print

ITAT Pune condones delay in appeal by Vaibhav Surve, remands case for reassessment of capital gains on land sale under Section 50C.

Calcutta HC Directs Fresh GST Appeal in Forging India Case

April 8, 2025 816 Views 0 comment Print

Calcutta High Court overturns writ court’s order allowing cross-examination in Forging India Iron & Steel’s ITC dispute, directs appeal.

Orissa HC Quashes GST Demand Order for non-consideration of taxpayer’s response

April 8, 2025 1296 Views 0 comment Print

Orissa High Court sets aside GST demand under Section 73, citing failure to consider taxpayer’s reply under Section 61. Revenue directed to reassess the case.

No Section 194IC TDS on Alternate Accommodation Charges: ITAT Mumbai

April 8, 2025 1947 Views 0 comment Print

ITAT Mumbai rules Section 194IC TDS doesn’t apply to alternate accommodation charges, as they’re not part of land/building share.

Entire R&D expense in India is eligible for weighted deduction u/s. 35(2AB): ITAT Pune

April 8, 2025 876 Views 0 comment Print

ITAT Pune held that entire amount of R&D expense in India is eligible for weighted deduction u/s. 35(2AB) and R&D capital expense outside India is eligible for deduction u/s. 35(1)(iv) of the Income Tax Act.

Service Tax Non-Payment Due to Uncertainty Not Fraud or Willful Misstatement: Delhi HC

April 8, 2025 582 Views 0 comment Print

Delhi HC upholds CESTAT order, stating sub-contractor’s non-payment of service tax due to uncertainty is not wilful misstatement or fraud.

Detention Invalid as Customs Fails to Issue SCN Within Statutory Period: Delhi HC

April 8, 2025 795 Views 0 comment Print

Delhi High Court orders release of gold bangles, stating customs cannot issue show cause notice post one year. Detention deemed impermissible.

DRI Can Clone Data from Seized Devices and Return Them: Delhi HC

April 8, 2025 1347 Views 0 comment Print

Delhi HC permits Customs to clone seized device data, not retain devices during prosecution. Petitioners agree to data verification process.

ITAT Quashes Section 147 Proceedings for Incorrect Presumption of Facts

April 8, 2025 894 Views 0 comment Print

ITAT Ahmedabad quashes reassessment against Komal Ketan Shah, citing lack of evidence and incorrect factual basis under Section 147 for AY 2016–17.

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