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Judiciary

ITC was allowed on Insurance for Stock and Premises as sec.17(5) was limited to Motor Vehicles

November 27, 2025 1140 Views 0 comment Print

Input Tax Credit (ITC) availed on insurance premiums for stock, plant & machinery, and business premises (under a Standard Fire and Special Perils Policy) could not be denied by treating it as “motor vehicle insurance

Reassessment Beyond 3 Years Quashed Due to Wrong Sanctioning Authority

November 27, 2025 582 Views 0 comment Print

The Tribunal held that a reopening made after three years is void when approval is granted by the PCIT instead of the PCCIT/CCIT. The entire reassessment and related disallowance were struck down.

Accrued Interest claim beyond NCLT Orders was unsustainable

November 27, 2025 240 Views 0 comment Print

Since JIL had already received the entire principal amount determined as its entitlement, and neither the interim nor the final orders of this Tribunal conferred any right to claim interest for the period preceding actual disbursement

Section 2(22)(e) Addition Deleted for Bank Loan Secured by Personal Guarantee

November 27, 2025 348 Views 0 comment Print

The Tribunal held that advances originating from bank cash-credit facilities secured by the shareholder’s personal assets are commercial transactions, not deemed dividend. The addition under section 2(22)(e) was therefore removed.

E-Way Bill Lapse Not Justifies Higher Section 129(1)(b) Penalty: Allahabad HC

November 27, 2025 408 Views 0 comment Print

High Court sets aside penalty imposed under Section 129(1)(b), directing authorities to apply Section 129(1)(a) where goods were accompanied by tax invoice.

Section 32 r.w.s 43(6)(c): Vehicle Sale Profit Already Adjusted, No Separate Tax

November 27, 2025 573 Views 0 comment Print

The Tribunal held that once sale proceeds are reduced from the asset block under section 43(6)(c), no separate tax can be levied on book profit. The addition was deleted to prevent double taxation.

Rejection of tender bid justified since mandatory tender condition of filing of GSTR-3B not satisfied

November 27, 2025 435 Views 0 comment Print

Rajasthan High Court held that rejection of tender bid due to non-filing of GSTR-3B return constitutes material deviation since filing of GSTR-3B is mandatory tender condition. Accordingly, writ petition dismissed.

Bail Granted in Customs Case Despite 14-Year Absence with Strict Trial Conditions

November 27, 2025 282 Views 0 comment Print

The High Court granted bail to an applicant who had absconded for 14 years, noting his clean record, prior compliance, and undertaking to cooperate in trial proceedings.

ITAT Directs Recalculation of Capital Gains, Not Just Section 50C Difference

November 27, 2025 447 Views 0 comment Print

The Tribunal held that AO must recompute capital gains considering purchase cost, indexation, and stamp duty, instead of merely adding the section 50C deemed value difference.

Excess amalgamation Consideration Goodwill Depreciable under Section 32

November 27, 2025 480 Views 0 comment Print

ITAT Mumbai upholds CIT(A) decision allowing depreciation on goodwill created during amalgamation. Revenue appeals dismissed for 2018-19 and 2020-21 assessments.

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