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Judiciary

Delhi HC: Ashish Agarwal Ruling Won’t Reopen Old Cases

March 31, 2025 144 Views 0 comment Print

Delhi High Court clarifies in Anindita Sengupta case that SC’s Ashish Agarwal judgment doesn’t mandate reopening concluded income tax reassessments.

Offshore supplies not taxable as Nokia Network OY doesn’t have PE in India

March 31, 2025 63 Views 0 comment Print

Delhi High Court held that Nokia Network OY does not have Fixed Place Permanent Establishment in India [PE] and hence offshore supplies were not taxable in India. Appeal stands dismissed, accordingly.

Custom Notice Under Section 28(4) Post Section 28(1) Notice on Same Facts Is Invalid

March 31, 2025 36 Views 0 comment Print

Delhi High Court held the issuance of notice under section 28(4) of the Customs Act post issuance of notice under section 28(1) on similar factual matrix is bad in law. Thus, subsequent notice issued u/s. 28(4) is set aside.

Existence of International Transaction Must Be Analyzed Before Benchmarking AMP Expense

March 31, 2025 36 Views 0 comment Print

Delhi High Court held that before undertaking a benchmarking of Advertisement, Marketing and Promotion [AMP expenses], it was incumbent upon the TPO to have found that an international transaction had, in fact, occurred. Thus, appeal of revenue dismissed.

Gujarat HC Imposes Cost for High-Pitched Assessment Order Contrary to facts

March 31, 2025 726 Views 0 comment Print

Gujarat High Court quashes Punjab National Bank’s tax assessment, citing non-application of mind and imposes an exemplary cost of ₹1 Crore on the tax authorities.

Allowance of Claim Under 36(1)(viia) and 36(1)(viiii) – ITAT Kolkata Ruling

March 31, 2025 102 Views 0 comment Print

ITAT Kolkata dismisses DCIT’s appeal in Uttar Bihar Gramin Bank case, upholding CIT(A) order on deductions under Sections 36(1)(viia) & 36(1)(viii).

ITAT uphold 12A rejection order for failure to prove genuineness of activities

March 31, 2025 81 Views 0 comment Print

ITAT Pune upholds the rejection of 12A registration for Iexcel Community Foundation due to failure to prove genuineness of activities and compliance with tax laws.

ITAT allows tax exemption of Rs 1.5 Cr to Kapil Dev on one-time benefit by BCCI

March 31, 2025 159 Views 0 comment Print

ITAT Delhi allows Kapil Dev a ₹1.5 Cr tax exemption on a one-time benefit from BCCI under Section 56(2)(vii). Read details of the ruling and legal arguments.

Tax on Gift from Step-brother/sister under Section 56: ITAT Mumbai Ruling

March 31, 2025 3411 Views 0 comment Print

ITAT Mumbai rules on gift tax for step-siblings. Case examines relative definition under Section 56. Legal analysis of tax implications.

Performance Bank Guarantee invocable post non-implementation of resolution plan

March 31, 2025 33 Views 0 comment Print

On an application filed u/s. 9 of the Insolvency and Bankruptcy Code, 2016, the Corporate Debtor – Lavasa Corporation Limited was admitted to insolvency resolution process by order dated 30.08.2018.

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