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Excise Duty Refund Under Industrial Promotion Scheme Is not taxable: ITAT Delhi

April 7, 2025 555 Views 0 comment Print

ITAT Delhi rules excise duty refund to Jindal Saw Ltd as capital receipt, not taxable. Cites earlier rulings and applies ‘purpose test’ from Ponni Sugars case.

Section 56(2)(viib) Applies to Share Premium Exceeding FMV, Regardless of Shareholder Relationship or Status

April 7, 2025 726 Views 0 comment Print

 ITAT Ahmedabad dismisses Canpac Trends’ appeal on share premium addition under Section 56(2)(viib). No submissions made by the appellant.

Matter was restored related to disallowance of ₹5.11 Crore Forex Loss on ECB Settlement

April 7, 2025 759 Views 0 comment Print

The ECB purpose was declared to the RBI for both imported and locally sourced capital goods. However, the claim was disallowed under Section 143(1) due to inconsistencies between the tax audit report and the return of income.

Stamp Duty Refund Cannot Be Denied on Technical Grounds or Post-Facto Amendments: Allahabad HC

April 7, 2025 690 Views 0 comment Print

Allahabad HC quashes order denying stamp duty refund, citing Supreme Court precedent. Refund to be re-examined, avoiding technical rejections.

ITAT Delhi Remands Loan Addition Case to AO for Fresh Review of Assessee’s Creditworthiness

April 7, 2025 567 Views 0 comment Print

ITAT Delhi remands loan addition case to AO, citing lack of opportunity for review. Assessee’s loan creditworthiness to be re-examined.

Chhattisgarh HC grants Bail in GST ITC Fraud Case citing delayed trial

April 7, 2025 1584 Views 0 comment Print

Chhattisgarh High Court grants bail to Rohit Singla in a GST fraud case, citing delayed trial and conditions for release.

AP HC: GST Order Without DIN, Signature Invalid; Re-assessment Allowed

April 7, 2025 687 Views 0 comment Print

Andhra Pradesh High Court quashes GST assessment order lacking DIN and signature. Re-assessment permitted with proper procedure.

Gujarat HC Quashes ITC Denial Under Sec 16(4), Remands Case Citing Retrospective Sec 16(5)

April 7, 2025 2760 Views 0 comment Print

Gujarat HC quashes orders denying ITC under Sec 16(4) to Shiv Construction. Remands case due to retrospective Sec 16(5) allowing ITC if returns filed by 30 Nov 21.

Revenue Cannot File Appeals Before HC If Income Tax Effect Is Below ₹2 Crores; CBDT Circular Applies Retrospectively

April 7, 2025 1554 Views 0 comment Print

Bombay High Court disposed of tax appeals related to IPL Loan Trust, citing CBDT circulars on low tax effect and legal precedent.

Delhi HC Orders Reassessment of DTVSV Application, Rejects PCIT’s Cancellation

April 7, 2025 882 Views 0 comment Print

Delhi HC orders re-assessment of Seema Tripathi’s DTVSV application after rejecting cancellation by PCIT, citing judicial precedents for interest waiver.

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