Follow Us:

Judiciary

Government subsidy received under rehabilitation scheme is capital receipt

December 29, 2025 357 Views 0 comment Print

Madras High Court held that grant-in-aid/ subsidy received from the Government under a rehabilitation scheme is capital receipt and cannot be treated as revenue receipt. Accordingly, question of law is answered in favour of appellant.

No Rule 46A Breach When CIT(A) Calls Records Suo-Motu: ITAT

December 29, 2025 270 Views 0 comment Print

Demonetisation cash deposits cannot be taxed merely on suspicion when supported by statutory VAT/Excise records, sales growth, and business expansion. Rule 46A(4) empowers CIT(A) to call for such evidence without triggering procedural violations.

Writ by personal guarantor not maintained as proceeding u/s. 95 of IBC pending

December 29, 2025 339 Views 0 comment Print

Calcutta High Court held that present writ petition filed by personal guarantor is not maintainable since the proceeding u/s. 95 of the IBC is pending before Adjudicating Authority and petition is filed without taking appropriate steps before appropriate forum.

Property Sale Deductions Get Second Chance: Capital Gains Recomputed

December 29, 2025 234 Views 0 comment Print

Rejecting a summary denial of deductions, the Tribunal restored the issue to the AO to verify whether mortgage repayments and other costs were wholly connected with the transfer. Taxpayers were directed to cooperate and file complete evidence.

Cenvat Credit admissible for services received for setting up captive wind mill plant

December 29, 2025 321 Views 0 comment Print

Gujarat High Court held that the services received in respect of setting up the captive wind mill plant are eligible for the Cenvat Credit under rule 2(l) of the Cenvat Credit Rules, 2004. Accordingly, the writ petition is allowed.

Explained LRS Remittances Can’t Be Taxed as Peak Credit

December 29, 2025 354 Views 0 comment Print

The issue was whether foreign bank balances funded through LRS could be taxed as unexplained credits. ITAT held that once the source and opening balance are established, section 68 cannot be invoked merely on peak-credit theory.

Third-Party Statement Alone Insufficient to Treat Loan as Bogus

December 29, 2025 453 Views 0 comment Print

The issue was whether unsecured loan additions under section 68 could survive based solely on investigation reports and third-party statements. ITAT held that without independent enquiry and nexus to seized material, such additions are unsustainable.

Big Dividend, Real Costs: ITAT Upholds Rule 8D Disallowance

December 29, 2025 192 Views 0 comment Print

The ITAT held that earning significant exempt dividend income necessarily involves indirect administrative expenses. In the absence of separate books, the AO rightly applied Rule 8D to compute disallowance.

Genuine Member Cash Transactions Protected by Reasonable Cause Rule

December 29, 2025 456 Views 0 comment Print

The issue was whether penalties under sections 271D and 271E apply to cash dealings of a credit society with its members. ITAT held that genuine, audited member transactions supported by reasonable cause are protected under section 273B.

Pre-Demonetisation Withdrawals Can Explain Post-Ban Cash Deposits

December 29, 2025 351 Views 0 comment Print

The issue was whether demonetisation-era deposits could be taxed despite admitted prior withdrawals. ITAT held that when withdrawals are genuine and the occasion is real, section 69A cannot be applied on presumptions.

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031