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Judiciary

Registration u/s. 12A r.w.s 12AB granted as genuineness of activity of trust established

October 30, 2025 471 Views 0 comment Print

ITAT Pune held that since object of the trust are charitable in nature and genuineness of activity is established by documents, assessee is eligible for registration under section 12A read with section 12AB of the Income Tax Act. Accordingly, appeal of assessee allowed.

Commissioner of Customs cannot reassess duty for clearances effected from warehouse

October 30, 2025 339 Views 0 comment Print

Gujarat High Court held that Commissioner of Customs doesn’t have jurisdiction to reassess into bond bill of entry in respect of clearances effected from private bonded warehouse. Accordingly, appeal of the revenue is dismissed.

Payment towards bandwidth services cannot be characterized as royalty under India-UAE DTAA

October 30, 2025 468 Views 0 comment Print

ITAT Mumbai held that payment towards bandwidth service without transfer of right to use equipment or process could not be characterized as ‘royalty’ under section 9(1)(vi) or Article 12 of India-UAE DTAA. Thus, appeal decided in favour of assessee.

CIRP against Corporate Debtor admitted as operational debt and default established

October 30, 2025 663 Views 0 comment Print

NCLT Cuttack held that application under section 9 of the Insolvency and Bankruptcy Code for initiation of Corporate Insolvency Resolution Process [CIRP] against Corporate Debtor [ASB Energy Systems and Construction Pvt. Ltd.] is admitted as operational debt and default thereon is admitted.

Jurisdictional objection after one month of service of notice u/s. 143(2) is not tenable

October 30, 2025 975 Views 0 comment Print

Chhattisgarh High Court held that assessee is barred from raising objection regarding jurisdiction after one month of service of notice under section 143(2) of the Income Tax Act. Accordingly, ITAT absolutely justified in not entertaining jurisdictional question.

No addition u/s. 153A for unabated year be made without incriminating material

October 30, 2025 519 Views 0 comment Print

ITAT Delhi held that no addition can be made u/s 153A of the Income Tax Act without there being any incriminating material relating to unabated assessment year. Therefore, additions made in the assessment order is deleted and appeal is partly allowed.

Summary of SCN in Form GST DRC-01 doesn’t substitute proper SCN

October 30, 2025 891 Views 0 comment Print

Gauhati High Court held that the Summary of the Show Cause Notice issued in FORM GST DRC-01 does not substitute the proper SCN required under Section 73(1) of both the Central and State GST Acts. Accordingly, order is set aside and writ petition is allowed.

Service tax demand confirmed as amount collected as service tax was not deposited

October 30, 2025 726 Views 0 comment Print

CESTAT Allahabad held that service tax demand is confirmed since it is will established that assessee was collecting the service tax from its customers/ clients, however, the same was not deposited to the government exchequer. Accordingly, appeal of assessee dismissed.

Lower of book loss or unabsorbed depreciation to be set off against book profits as per section 115JB

October 30, 2025 996 Views 0 comment Print

ITAT Delhi held that as per the MAT provisions of section 115JB of the Income Tax Act the lower of book losses or unabsorbed depreciation can be set off against book profits. Accordingly, order of CIT(A) upheld and appeal of assessee dismissed.

Section 9 application for initiation of CIRP admitted as operational debt and default admitted

October 30, 2025 477 Views 0 comment Print

NCLT Ahmedabad held that application under section 9 of the Insolvency and Bankruptcy Code [IBC] for initiation of Corporate Insolvency Resolution Process [CIRP] against Synergy Food and Agro Processors Private Limited [Corporate Debtor] admitted as operational debt and default thereon is admitted.

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