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Judiciary

TP adjustment under MAP cannot be applied to other international transaction

February 15, 2025 42 Views 0 comment Print

The US Transactions were subject to the Mutual Agreement Procedure between the competent authorities of US and India under Article 27 of the India-US Double Taxation Avoidance Agreement.

CIT(A) Cannot Set Aside Matter Back to AO: ITAT Mumbai

February 15, 2025 216 Views 0 comment Print

ITAT Mumbai overturns CIT(A)’s order, stating the appellate authority lacks power to set aside assessments. The tribunal directed the CIT(A) to re-adjudicate the case after obtaining a remand report from the Assessing Officer.

Reimbursement of expense at cost not taxable as Fees for Technical Services

February 15, 2025 54 Views 0 comment Print

ITAT Mumbai held that that reimbursement of expenses at cost is not taxable as fees for technical services since there is no element of income attached to the transaction. Accordingly, revenue’s appeal dismissed.

CESTAT Imposes Penalty for Misclassification & Duty Evasion despite omission by adjudicating authority

February 15, 2025 84 Views 0 comment Print

Tribunal imposed a mandatory penalty of ₹15,59,363 under Section 114A of the Customs Act for misclassification and duty evasion, emphasizing strict compliance with statutory requirements in cases of deliberate misdeclarations.

ITAT Jaipur Orders Fresh Hearing in Undisclosed Income Ex Parte Case

February 15, 2025 66 Views 0 comment Print

ITAT Jaipur remands Jai Prakash Sharma’s case for fresh hearing after CIT(A) added ₹12,06,189 as undisclosed income due to non-compliance in earlier proceedings.

AP VAT Act: Suppression & Wilful Evasion Essential to Invoke Section 21(5), Rules HC

February 15, 2025 60 Views 0 comment Print

Andhra Pradesh HC rules VAT assessment against Chakkas Enterprises invalid, citing lack of evidence for tax evasion under Section 21(5). Bank attachment revoked.

Owner of car liable to pay customs duty on redemption even if they are not importer

February 15, 2025 39 Views 0 comment Print

CESTAT Kolkata held that owner of the car is liable to pay customs duty on redemption of the confiscated vehicle/ car even if the owner is not the importer of the car. Accordingly, appeal dismissed.

Interest for broken period on securities held as stock is allowable as deduction

February 15, 2025 36 Views 0 comment Print

Telangana High Court held that interest paid for broken period on securities held as stock-in-trade is allowable as deduction. Accordingly, petition filed by revenue dismissed and question answered in favour of respondent-assessee.

Telangana HC Sets Aside Non-Speaking Income Tax Stay Orders

February 15, 2025 66 Views 0 comment Print

Telangana High Court quashes non-speaking income tax stay orders for AY 2022-23, remanding the case for fresh consideration per legal guidelines.

ITAT Mumbai Allows 80P(2)(d) Deduction on Co-op Bank Interest to Co-op societies

February 15, 2025 111 Views 0 comment Print

ITAT Mumbai rules that cooperative societies can claim deductions under Section 80P(2)(d) for interest earned from cooperative banks, overturning prior disallowance.

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