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Judiciary

Declaration under DTVSV Scheme cannot be rejected merely because NRI has filed appeal manually

October 16, 2025 330 Views 0 comment Print

Gujarat High Court held that rejection of declaration in Form No. 1 under DTVSV Scheme, 2024 since manual appeal is filed by NRI petitioner is not justifiable. Accordingly, communication rejecting declaration in From N0. 1 quashed and set aside.

Drawback recovery proceeding under rule 16/16A cannot be used to modify value in Shipping Bills

October 16, 2025 513 Views 0 comment Print

CESTAT Delhi held that proceedings to recover the drawback under Rules 16/16A of the Drawback Rules are in the nature of execution proceedings hence they cannot be used to modify the value in the Shipping Bills.

Civil contempt proceedings against PCIT dropped in absence of wilful disobedience

October 16, 2025 303 Views 0 comment Print

Delhi High Court held that proceedings for civil contempt against Principal Commissioner of Income Tax [PCIT] dropped since there is no wilful disobedience or order has not been passed with evil intent or with bad motive.

eBay Singapore eligible for DTAA benefit as STCG on sale of Flipkart Singapore’s shares not taxable in India: ITAT Mumbai

October 16, 2025 852 Views 0 comment Print

Mumbai ITAT rules capital gains on a foreign company’s share sale are non-taxable in India under Article 13(5) of the India-Singapore DTAA. TRC is conclusive proof.

Application u/s. 7 for CIRP against Inditrade Business Consultants Limited admitted

October 16, 2025 702 Views 0 comment Print

NCLT Kochi held that application under section 7 for initiation of Corporate Insolvency Resolution Process [CIRP] against M/s. Inditrade Business Consultants Limited is admitted since financial debt and occurrence of default established.

Court-approved Schemes vs. ‘Slump Sale’ after Finance Act 2021–22: Legal Faultline and Practical Tax Planning

October 16, 2025 789 Views 0 comment Print

ITAT ruled in Grasim Industries that a court-sanctioned scheme transfer before the 2021 amendment is a transfer by law, not a slump sale under Section 50B. The change is not retrospective.

Printing Photograph from digital medial classified under 998396 is taxable at 18% GST

October 16, 2025 477 Views 0 comment Print

Kerala High Court held that printing photographs from digital media is covered under classification SAC 998396 and hence it is taxable under 18% GST. Accordingly, writ petition is dismissed.

CIRP against Sumarrow Impex LLP initiated as debt and default proved

October 16, 2025 438 Views 0 comment Print

NCLT Ahmedabad held that application under section 7 of the Insolvency and Bankruptcy Code for initiation of Corporate Insolvency Resolution Process [CIRP] against Sumarrow Impex LLP (Corporate Debtor) admitted as financial debt and default stands proved.

Forklift Drive Train Classified Under CTI 8431 20 10 as Parts of Forklift Truck: CAAR

October 16, 2025 339 Views 0 comment Print

CAAR Mumbai has ruled in the matter of Godrej & Boyce Manufacturing Company Limited, classifying the imported ‘Forklift Drive Train’ under CTI 8431 20 10. The authority held that the custom-designed assembly is an essential part of a forklift, suitable for sole and principal use with CTH 8427 machinery.

Disallowance u/s. 43B for non-payment of statutory tax needs verification hence matter restored

October 16, 2025 327 Views 0 comment Print

ITAT Jabalpur held that disallowance under section 43B of the Income Tax Act on account of non-payment of Rural Infrastructure tax and dead rent needs verification. Accordingly, matter restored to the file of AO.

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