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Judiciary

Section 68 Share Premium Addition Remitted as Evidence Was Not Examined

December 12, 2025 258 Views 0 comment Print

Tribunal remanded the case after finding that documentary evidence submitted during assessment was not examined. The matter is sent back for fresh evaluation with an opportunity of hearing.

Coffee Premix Not Taxable as Beverage Powder Because of Specific Entry: Bombay HC

December 12, 2025 591 Views 0 comment Print

The Court held that the premix, understood popularly as instant coffee, must be classified under the specific entry for coffee rather than the general entry for beverage powders. The ruling affirms that common usage prevails over ingredient percentages.

Gujarat HC Upholds Exemption for Pre-Laminated Bagasse Board Citing Precedent

December 12, 2025 252 Views 0 comment Print

The Court dismissed the appeal because the issue had already been decided in an earlier judgment. It held that the previous ruling granting exemption remained binding and unchanged.

Disallowance Cut to 5% Since AO Failed to Prove Entire Sales Were Unexplained

December 12, 2025 231 Views 0 comment Print

ITAT held that the entire disputed turnover cannot be added when purchases are accepted and books are not rejected. Only the embedded profit is taxable, leading to restriction of addition to 5% of turnover.

Delhi HC Refuses Stay Interference Due to Delay and Non-Compliance

December 12, 2025 375 Views 0 comment Print

Court upholds ITAT’s refusal to stay tax recovery, citing the petitioner’s prolonged inaction and failure to meet conditions. Key takeaway: procedural lapses undermined the stay request.

Remand Ordered Since AO Adopted U/s 143(1) Figures Without Addressing Disallowances

December 12, 2025 327 Views 0 comment Print

ITAT ruled that a scrutiny order cannot override a 143(1) intimation if the AO fails to examine pending 154 grievances. The case was remanded because the core adjustments were never adjudicated.

GST Exemption Limited to Manpower-Based Municipal Services: AAR West Bengal

December 12, 2025 1062 Views 0 comment Print

The ruling held that only manpower-based municipal activities qualify as pure services eligible for GST exemption. Operation and maintenance of machinery involving goods do not qualify unless goods constitute less than 25% of the value.

Essential Hospital Support Services Held GST-Exempt for Meeting “Pure Service” Criteria

December 12, 2025 588 Views 0 comment Print

The ruling holds that providing security and scavenging services to government hospitals qualifies as pure services linked to constitutional public health functions. The authority found all conditions of Notification 12/2017 satisfied, resulting in GST exemption.

Non-profit Section 8 company is Body Corporate for GST: AAR West Bengal

December 12, 2025 600 Views 0 comment Print

The AAR rules that a non-profit Section 8 company supplying sponsorship services qualifies as a “body corporate,” making GST payable on a forward charge basis.

ITAT Again Follows Its Own Precedents: Qualcomm Royalty from Foreign OEMs Not Taxable in India

December 12, 2025 309 Views 0 comment Print

RBI introduces a uniform framework governing interest rates, premature withdrawal penalties, and deposit treatment to ensure fairness and transparency across Local Area Banks.

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