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Judiciary

Brought forward additional depreciation of preceding year not to be set off against opening WDV

September 29, 2025 579 Views 0 comment Print

ITAT Ahmedabad held that law doesn’t require brought forward additional depreciation from preceding year to be set off against opening WDV of the assets. Thus, revision u/s. 263 of the Income Tax Act not sustained as order of AO not erroneous.

Fresh SEZ Unit with New Capital Eligible for 100% Deduction u/s 10AA: ITAT Chennai

September 29, 2025 474 Views 0 comment Print

ITAT Chennai allowed Lotus Footwear’s 100% SEZ deduction u/s 10AA for Unit-2, ruling it was a new undertaking established with fresh capital and not a splitting of the existing unit

Correction of Basic Tax Register on re-survey conducted prior to enactment of Act 28 of 2008 are valid

September 29, 2025 660 Views 0 comment Print

Kerala High Court held that correction of Basic Tax Register from nilam to purayidam based on re-survey conducted prior to enactment of Act 28 of 2008 are valid. Accordingly, writ appeals of department are dismissed.

Commission Agent’s Cash ₹3.94 Crore Cash Deposits During Demonetisation Sent Back for Verification: ITAT Delhi

September 29, 2025 681 Views 0 comment Print

The ITAT Delhi remanded the ₹3.94 Cr unexplained cash deposit addition against commission agent Manoj Kumar to the CIT(A). The Tribunal ordered a fresh verification of the taxpayer’s cash flow, noting the lack of agreements and reconciliation of deposits with books.

Section 148 Notice Beyond 7-Day Grace Period Void: ITAT Delhi Quashes Reassessment

September 29, 2025 1065 Views 0 comment Print

The ITAT Delhi quashed the reassessment against Lombard Portfolio Pvt. Ltd., ruling the Section 148 notice was time-barred. Following the Supreme Court’s mandate in the Ashish Agarwal case.

ITAT Delhi Grants Relief on Expat Salaries & CSR Donations, TP Grounds Withdrawn under APA

September 29, 2025 396 Views 0 comment Print

ITAT Delhi ruled that salary paid to expatriates on local contracts is deductible and that CSR expenditure disallowed under Section 37(1) remains eligible for deduction under Section 80G.

Bail application in illegal mining case allowed as twin conditions u/s. 45 of PMLA Act satisfied

September 29, 2025 663 Views 0 comment Print

Patna High Court allowed bail application in illegal mining matter as twin conditions under section 45 of the Prevention of Money Laundering Act, 2002 [PMLA Act] satisfied and also petitioner already undergone nearly 12 months of incarceration. Accordingly, bail application allowed.

GST notice and order cancelling GST registration without stating specific reasons is quashed

September 29, 2025 1080 Views 0 comment Print

Gujarat High Court held that show cause notice proposing cancellation of GST registration as well as order for revocation of application for cancellation of registration without stating any reasons is in breach of principles of natural justice and hence is liable to be quashed.

No writ petition to be entertained for finding fact if appellate remedy was available

September 29, 2025 366 Views 0 comment Print

The question whether the contractual work was an exempt construction activity or taxable manpower supply required fact-finding, which was beyond the jurisdiction of the writ court as Court did not sit in appeal or reappreciate evidence, but only reviews the decision-making process, therefore, assessee had an efficacious appellate remedy under the statute.

Refund of education and SHE Cess in terms of exemption notification 56/2002-CE allowed

September 29, 2025 525 Views 0 comment Print

Jammu and Kashmir High Court held that refund of Education Cess and Secondary and Higher Education Cess [SHE Cess] in terms of exemption under Notification No.56/2002-CE is allowable. Accordingly, writ petition is allowed with direction to release refund of education and SHE Cess.

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