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Judiciary

Demonetisation Cash Deposits Taxed at 8% on Estimated Basis

December 31, 2025 534 Views 0 comment Print

The Revenue treated entire cash deposits as unexplained under section 69A. The Tribunal held that in an unorganised business, deposits can be treated as turnover with estimated profits.

No Exempt Income, No Section 14A Disallowance Permissible

December 31, 2025 504 Views 0 comment Print

The dispute centered on unexplained investment taxed in an incorrect year. The Tribunal ruled that such an addition is legally unsustainable and must be deleted.

Penalty u/s. 114A since covered under regulation 3 (2) (c) hence License for Private Warehouse u/s. 58 not granted

December 31, 2025 420 Views 0 comment Print

CESTAT Allahabad held that the case of imposition of penalty under section 114A of the Customs Act would be covered under regulation 3 (2) (c) and hence appellant is not eligible for grant of License for Private Warehouse under section 58 of the Customs Act.

Recovery of arrear electricity duty demand set aside due to procedural flaw in OPDR proceedings

December 31, 2025 486 Views 0 comment Print

Orissa High Court held that recovery towards arrear electricity duty demand set aside since there is procedural flaw in Odisha Public Demands Recovery Act, 1962 [OPDR proceeding] and violation of principles of natural justice. Accordingly, writ petition stands allowed.

Belated Form 10 Filing Cannot Deny Section 11(2) Exemption

December 31, 2025 546 Views 0 comment Print

The exemption was rejected only due to delayed electronic filing of Form 10. The Tribunal ruled that procedural delay cannot override substantive compliance made before assessment completion.

Petition dismissed due to lack of jurisdiction as alleged infringements occurred in Delhi and not in West Bengal

December 31, 2025 444 Views 0 comment Print

Calcutta High Court held that the present petition is liable to be dismissed on account of lack of jurisdiction in as much as the alleged infringements has occurred in Delhi and not in West Bengal. Accordingly, the writ is dismissed.

Non-Payment Under IDS Makes U/s 271AAC Penalty Inevitable

December 31, 2025 492 Views 0 comment Print

The dispute concerned cancellation of IDS benefits due to non-payment. The Tribunal held that once IDS lapses, undisclosed income is taxable with mandatory penalty.

VSV-Based Dismissal Quashed Due to No Approval or Payment

December 31, 2025 369 Views 0 comment Print

The dispute centered on whether appeals could be dismissed merely on filing a VSV application. The Tribunal ruled that rejection or non-approval of VSV keeps appeals alive.

Shareholders have locus standi to file appeal u/s. 61 of IBC hence appeal maintainable

December 31, 2025 852 Views 0 comment Print

NCLAT Delhi held that shareholders have locus standi to file appeal under section 61 of the Insolvency and Bankruptcy Code and hence the appeal is maintainable. Further, appellant has made out case of fraudulent initiation of CIRP since both Financial Creditor and Corporate Debtor are related parties.

Accommodation Entry Purchases Confirmed for Lack of Proof

December 31, 2025 465 Views 0 comment Print

The case involved alleged bogus purchases backed only by invoices and bank payments. The Tribunal held that without confirmations, transport evidence, or delivery proof, such purchases cannot be treated as genuine.

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