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Judiciary

Exclude Order Receipt Date When Calculating Appeal Filing Limitation: CESTAT Mumbai

March 8, 2025 846 Views 0 comment Print

CESTAT Mumbai set aside a service tax demand on Mumbai Port Trust, holding the appeal filed within the prescribed time. Case remanded for merits evaluation.

Debatable Tax Claims in Good Faith Don’t Attract Section 270A Penalties

March 8, 2025 1578 Views 0 comment Print

ITAT Chennai rules that debatable tax claims made in good faith do not warrant penalties under Section 270A of the Income Tax Act. Read the case details.

Search Incriminating Material Requires Proceedings Under Section 153C, Not 147/148

March 8, 2025 1503 Views 0 comment Print

ITAT Jaipur rules that when search finds incriminating material, proceedings must be under Section 153C, not 147/148. Read case details of DCIT vs. Kailash Chand Hirawat.

Retainer Fee to US Agent Allowed as Business Expense; No Disallowance Without Exempt Income

March 8, 2025 699 Views 0 comment Print

Where payment made to foreign entities by way of retainership fee did not result in commensurate business in USA in the year relevant to assessment year 2008-09, it did not imply that the expenditure incurred was not for the purpose of the assessee’s business. AO was directed to delete the addition of Rs.64,88,451/- by observing that the expenditure was disallowed u/s 14A.

Disallowance u/s 40A(3) Remanded for Review Considering Bank Holiday, Agent Payment & Business Exigenc

March 8, 2025 588 Views 0 comment Print

Assessee had given cash to her employee who was the supervisor or the agent who in turn made payment to the sellers of the gold and therefore the same would not fall within the scope of section 40A(3) in view of the decision of Hon’ble Calcutta High Court in the case of S.K. Joynal Abedin v. CIT.

Unjust Enrichment Not Applicable to Short-Landed Goods Uncleared for Home Consumption

March 8, 2025 411 Views 0 comment Print

CESTAT Mumbai remands Ratnagiri Gas & Power’s LNG import duty case for fresh adjudication, citing failure to examine unjust enrichment.

Taxpayers Opting Vivad Se Vishwas Can Withdraw Appeals Without Prejudice

March 8, 2025 3453 Views 0 comment Print

ITAT Pune dismisses Ravi Shivangekar’s appeal as withdrawn under the Vivad Se Vishwas Scheme 2024, allowing tax dispute resolution.

Retrospective Amendment Doesn’t Justify Reassessment Beyond Four Years

March 8, 2025 738 Views 0 comment Print

Bombay High Court sets aside IT reassessment against Oxford University Press, ruling no failure to disclose material facts for reopening beyond 4 years.

Bad debts recovered & offered to tax cannot be taxed again under Section 69A

March 8, 2025 1140 Views 0 comment Print

ITAT Chennai rules bad debt recovery as business income, deleting Rs. 1 crore addition under Section 69A. Read full details on the tribunal’s decision.

ITAT Chennai Orders Fresh Assessment in Form 10BB Delay Case

March 8, 2025 996 Views 0 comment Print

ITAT Chennai sets aside tax assessment over delayed Form 10BB filing, remanding the case for fresh consideration after pending condonation request is resolved.

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