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Judiciary

Low Income of Investors Cannot Trigger Section 68 Addition: ₹3.32 Cr Deleted

November 22, 2025 510 Views 0 comment Print

ITAT Kolkata deleted ₹3.32 crore addition under Section 68, holding that complete documentary evidence proved the genuineness and identity of investors. Low income or meagre business activity of subscriber companies cannot justify treating share capital as unexplained.

ITAT Kolkata Allows 30% Deduction on Warehousing Lease Income

November 22, 2025 306 Views 0 comment Print

Lease rentals of ₹2.88 crore from the company’s warehousing complex were rightly classified as income from house property, reversing the AO’s business income classification. This restored the standard deduction of ₹83.38 lakh under Section 24(1).

ITAT Deletes ₹1.59 Crore Section 68 Addition Despite Non-Appearance of Creditors

November 22, 2025 564 Views 0 comment Print

The Tribunal held that unsecured loans cannot be treated as unexplained when identity, creditworthiness, and genuineness are fully documented. Since the AO ignored evidence and relied only on non-appearance, the addition was deleted.

TDS Disallowance Verification Remanded After Non-Communication of Notices

November 22, 2025 240 Views 0 comment Print

Since the assessee did not receive notices sent to a wrong email, non-compliance findings were unsustainable. The ITAT directed the Assessing Officer to examine evidence and pass a speaking order after granting a proper hearing

Excess GST liability to be reimbursed as per contractual obligation

November 22, 2025 684 Views 0 comment Print

Kerala High Court held that the excess GST liability pertaining to the transactions relating to the contract is question needs to be reimbursed to the petitioner as per the terms and conditions stated in the contract. Accordingly, writ allowed to that extent.

Denial of rebate claim u/r 18 of Central Excise Rules without dealing with crucial issue is not justifiable

November 22, 2025 423 Views 0 comment Print

Bombay High Court held that passing of impugned order denying rebate claim under rule 18 of the Central Excise Rules without dealing with crucial issues and without considering the submissions is not justifiable. Accordingly, order is set aside and matter is remanded back.

NCLT should enforce valid Family Settlement Agreement for resolving family company disputes

November 22, 2025 1437 Views 0 comment Print

NCLAT Delhi held that NCLT erred by not enforcing valid Family Settlement Agreement since such agreement is binding and enforceable for resolving family company disputes which involves oppression and management.

Judiciary Won’t Mandate Biometric Verification for GST Registration: SC

November 22, 2025 720 Views 0 comment Print

Supreme Court declines judicial intervention in GST registration, emphasizing policy decisions rest with the government and legislature.

Writ Not Maintainable in Bogus ITC Cases & Section Appeal 107 Is Proper Remedy: Delhi HC

November 22, 2025 879 Views 0 comment Print

High Court refused to entertain a writ petition challenging a GST demand involving alleged fraudulent ITC, holding that disputed facts must be resolved through the statutory appeal process.

Pre-Deposit Must Include Protest Payments: SC Clarifies MVAT Rule

November 22, 2025 2724 Views 0 comment Print

The Court held that amounts paid under protest before assessment must be considered when calculating the 10% pre-deposit required under Section 26(6A) of the MVAT Act. The ruling restores the appeal and confirms that the statute must be interpreted strictly as written.

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