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Judiciary

ITAT Pune condone Delay in Filing Audit Report as valid reason is provided

March 8, 2025 837 Views 0 comment Print

ITAT Pune rules in favor of Roshan A Kudalkar, rejecting tax additions based on closing stock discrepancies and allowing the claim under Section 80IAC.

Madras HC Sets Aside GST Orders Violating Natural Justice

March 8, 2025 957 Views 0 comment Print

Madras High Court sets aside GST demands on TVL. PVK Constructions due to violation of natural justice. Case remanded for fresh adjudication.

ITAT Pune Remands Saibaba NGO’s Section 80G Registration for Review

March 8, 2025 456 Views 0 comment Print

ITAT Pune sets aside CIT’s rejection of Saibaba NGO’s 80G trust registration, citing lack of opportunity for response, and orders fresh adjudication.

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.

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