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Section 69C Addition Without Proper Enquiry Based Solely on Sales Tax Info Unsustainable: ITAT Mumbai

April 5, 2025 9939 Views 0 comment Print

ITAT Mumbai rules on ITO vs. Vaman International P. Ltd., addressing additions under section 69C for disputed purchase transactions.

Central Excise Valuation Must Follow Its Own Law, Income Tax Provisions Not a Basis for Reassessment

April 4, 2025 564 Views 0 comment Print

CESTAT rules definitions and valuation mechanisms under central excise law must be applied strictly in accordance with its own statutory framework. Cross-references to provisions under income tax law, without fulfilling distinct conditions under Central Excise Act, cannot justify a reassessment of excise duty

No ITC on Share Buyback Expenses; Reversal Required on Common Inputs: AAR Gujarat

April 4, 2025 1392 Views 0 comment Print

Gujarat AAR rules against ITC claims on buyback expenses by GNFC, stating share repurchase is neither a supply of goods nor services under GST law.

No ITC on Inputs & Services for Mutual Fund Subscription & Redemption: AAR Gujarat

April 4, 2025 1218 Views 0 comment Print

Gujarat AAR rules Zydus Lifesciences cannot claim ITC on inputs for mutual fund transactions, deeming redemption as sale under GST.

Free Scraping Tool with Apsara Oil Pastels Constitutes Separate Supply, Taxable at 18% GST: AAR Gujarat

April 4, 2025 720 Views 0 comment Print

Gujarat AAR: Free scraping tool in Apsara Oil Pastels pack is separate supply, not composite, taxed at 18% as mixed supply.

Section 44AD Deemed Profit Rate Not Fixed – ITAT Lowers Milk Sales Margin to 3%

April 4, 2025 1533 Views 0 comment Print

8% deemed profit rate as specified u/s 44AD is not a fixed standard & may vary depending on nature of business – Reduces profit margin on milk sales from 8% to 3%

No Section 54F Deduction on LTCG Without Proof of House Construction: ITAT Pune

April 4, 2025 939 Views 0 comment Print

ITAT Pune upholds denial of Section 54F deduction. Assessee’s house construction predates asset sale, violating time limits.

Cash excluded from definition of goods hence seizure thereof u/s. 67 of CGST Act not sustainable

April 4, 2025 693 Views 0 comment Print

Delhi High Court held that cash is explicitly excluded from the definition of goods provided u/s. 2(52) hence seizure of cash and other valuable u/s. 67 of the CGST Act, 2017 is not tenable. Accordingly, writ allowed with direction to release amount to petitioner.

Minor procedural lapses should not lead to denial of Section 12AB registration: ITAT Nagpur

April 4, 2025 1248 Views 0 comment Print

ITAT Nagpur overturns CIT(E) order, restoring trust’s 12AB registration. Procedural lapses don’t negate genuine charitable activities.

No Suo Moto Section 154 Rectification by CPC Without Hearing: ITAT Cochin

April 4, 2025 1938 Views 0 comment Print

Home of Love Vs ITO (ITAT Cochin) Assessee is a charitable institution who filed its return of income which was processed u/s 143 granting exemption u/s 11. Thereafter, CPC issued a notice u/s 154 denying the said exemption by stating that Form 10B was not filed within prescribed time, without giving assessee an opportunity of […]

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