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Judiciary

Section 115BBE Not Applicable to Business Receipts; Only Profit on Cash Deposits Taxable

December 25, 2025 591 Views 0 comment Print

The Tribunal held that cash deposits representing trading receipts cannot be taxed in full as unexplained income. Only the estimated profit portion was directed to be assessed.

Set-Off of Short-Term Capital Loss Cannot Be Denied When Allowed in Identical Cases: Bombay HC

December 25, 2025 402 Views 0 comment Print

The High Court held that the tax department cannot deny set-off of short-term capital loss when the same claim was accepted in factually identical connected cases. Consistency in tax treatment was upheld.

Directors’ Removal via DIR-12 Stayed for Lack of Authority & Mandatory Attachments

December 25, 2025 615 Views 0 comment Print

The court examined a challenge to a DIR-12 filing that removed multiple directors without consent and held that the form was prima facie defective, directing fresh consideration after hearing all parties.

Supplementary Drawback Claim Not Time-Barred When Cause Arose on Re-Valuation Date

December 25, 2025 288 Views 0 comment Print

CESTAT held that limitation under Rule 15 starts from communication of re-valuation, making the supplementary drawback claim filed within three months valid.

Excess Stock from Survey Taxable as Business Income, Section 115BBE Inapplicable

December 25, 2025 942 Views 0 comment Print

The Tribunal held that excess stock found during survey, when arising from regular business activity and disclosed in accounts, cannot be taxed as unexplained investment under Section 69B.

Erroneous TDS Paid Due to Ignorance of Earlier Deduction Cannot Be denied: Karnataka HC

December 25, 2025 270 Views 0 comment Print

The court held that delay in seeking a TDS refund could be condoned where tax was deducted due to an error, and directed authorities to examine the refund claim on merits.

Custom Writ Dismissed for Bypassing Statutory Appeal Without Exceptional Grounds

December 25, 2025 303 Views 0 comment Print

The Bombay High Court held that vague allegations of natural justice violations cannot justify skipping the appellate remedy under the Customs Act.

GST Registration Cancellation Reversible on Clearing Pending Returns & Dues: Gauhati HC

December 25, 2025 438 Views 0 comment Print

The issue was whether expiry of the revocation timeline bars restoration of GST registration. The Court ruled that authorities can restore registration when pending returns and full tax liabilities are cleared as per Rule 22.

Penalty Quashed for Lack of Knowledge in Misuse of Signed Export Documents

December 25, 2025 333 Views 0 comment Print

CESTAT Chennai held that penalties cannot be imposed when there is no evidence that the CHA manager knowingly aided mis-declaration or ineligible drawback claims.

Presumption Alone Cannot Justify Seizure of Indian-Origin Goods as Illegal Export

December 25, 2025 330 Views 0 comment Print

The Tribunal held that seizure based only on presumption and driver statements was invalid. Authorities failed to prove attempted export through non-specified routes.

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