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Judiciary

ITAT Kolkata: 40(a)(ia) Disallowance Deleted for TDS @2% on DTP/Composing Work

November 27, 2025 381 Views 0 comment Print

The ITAT ruled that payments for typing and DTP services fall under Section 194C, not 194J, and correctly attract 2% TDS. As a result, the addition made under Section 40(a)(ia) was deleted.

Penalty Quashed for Lack of Book Verification: Presumption Alone Cannot Justify Action Under UP VAT

November 27, 2025 378 Views 0 comment Print

Court held that penalty under Section 48(5) cannot rest on presumption and requires verification of account books, which authorities failed to conduct. All orders were set aside.

29-Year-Old Customs Case: Supreme Court Rejects Writ for Confiscated Silver

November 27, 2025 393 Views 0 comment Print

The Supreme Court held that a writ petition cannot bypass statutory appeal remedies under the Customs Act. Delay in filing the statutory appeal barred the petitioner from seeking relief under Article 226.

Customs Broker ₹17.7 Crore Penalty Challenge Dismissed by Allahabad HC, Appeal Directed

November 27, 2025 465 Views 0 comment Print

Allahabad High Court rejected writ petition challenging a Rs. 17.7 crore penalty, directing broker to pursue statutory appeal under Customs Act for proper adjudication.

HC Allows Transfer of SEZ Goods to Bonded Warehouse During DRI Adjudication

November 27, 2025 657 Views 0 comment Print

The High Court permitted shifting of goods from SEZ to a bonded warehouse while pending show-cause adjudication, subject to filing YBE, verification, and re-warehousing certificate within 45 days.

GST Assessment Quashed for Adding Interest and Penalty Not Stated in Notice

November 27, 2025 894 Views 0 comment Print

The Court held that interest and penalty cannot be imposed when not proposed in the show cause notice, setting aside the assessment and attachment orders.

Notice & Hearing on Same Day Violates Natural Justice: Allahabad HC Quashes GST Demand

November 27, 2025 516 Views 0 comment Print

Allahabad High Court quashes GST adjudication and appellate orders where personal hearing coincided with the notice submission date, mandating fresh hearing for procedural fairness.

Change of Opinion Cannot Justify Reopening: ITAT Quashes 147

November 27, 2025 501 Views 0 comment Print

The ITAT Mumbai invalidated the reopening of an income-tax assessment under section 148, holding that no new tangible material was found. Interest income from co-operative banks and other receipts had already been considered in the original assessment. 

Uncrossed Third-Party Statement Not Enough to Establish Bogus Purchases

November 27, 2025 681 Views 0 comment Print

Tribunal dismisses AO’s addition after assessing evidence, books of accounts, VAT returns, and confirmed ledgers, confirming the transactions’ authenticity.

Gifted Shares, Long-Term Gains: ITAT Delhi Throws Out Revenue’s STCG Theory

November 27, 2025 513 Views 0 comment Print

Revenue’s claim of short-term gains was rejected; ITAT held that shares received as a gift inherit the donor’s acquisition date and holding period, validating LTCG and section 54F exemption.

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