Highlights

TaxCorp News 
Congress to raise inflation, Maha Kumbh stampede, Ambedkar 'insult' during Budget Session
White House says Trump tariffs on Canada, Mexico and China will come Saturday. No word on exemptions
Never talks about people's issues, spreads conspiracy theories: Congress hits back at PM Modi
Second federal judge orders temporary pause to Trump administration efforts to freeze funding
ATF price hiked by 5.6 pc, commercial LPG rate down Rs 7 per cylinder
Monthly Review of Accounts of Government of India upto December, 2024 (FY2024-25)
Sitharaman takes Tablet in red pouch to present paperless budget
FIU-IND imposes monetary penalty of Rs. 9 crore 27 lakhs on Virtual Digital Asset Service Provider Bybit Fintech Limited (Bybit)
Markets open higher ahead of Budget presentation
NATIONAL SCHEDULE
The Most Promising AI Coins for Investors | Dawgz AI on the Forefront
Budget for world's fastest-growing major economy: Key numbers to be watched
IRIS 9MYoY Revenues up 29%, 9MYoY Net profits up 155%
Finance Minister Nirmala Sitharaman meets President ahead of Budget speech
Cabinet clears Union Budget 2025-26
Re Sustainability and Recycling Private Limited & Aarti Circularity Limited Announce ?100 Cr Initial Investment to Transform Plastic Recycling
TECNO Teases POVA's Delta Shape Star of Light in the Galaxy!
Top 5 Next Crypto to Explode: Watch Out For These Coins
Nirmala Sitharaman creates history with 8th consecutive budget
Budget focussed on driving growth, inclusive development: Sitharaman
Page 1 of 5 (100 items)< Prev12345Next >
19-05-2025 (2025) TaxCorp(LJ) 35292 (SC)
SC : SC Upholds Orissa HC's Decision on Unexplained Cash Deposits of Rs. 28 Lakhs

19-05-2025 (2025) TaxCorp(LJ) 35295 (HC)
HC : Delhi High Court Invalidates Reassessment Proceedings for AY 2013-14 Due to Time-Barred Notice under Section 148

19-05-2025 (2025) TaxCorp(LJ) 35296 (HC)
HC : Bombay High Court Invalidates Faceless Assessment Order Due to Denial of Effective Personal Hearing Caused by Portal Malfunction

19-05-2025 (2025) TaxCorp(LJ) 35297 (HC)
HC : Mechanical Rejection of Objections in Reassessment Proceedings Quashed by Himachal Pradesh High Court

18-05-2025 (2025) TaxCorp(LJ) 35291 (HC)
HC : Delhi HC Rules Assessment Order Under Section 153A is Time-Barred Due to Invalid Information Request under India-Switzerland DTAA

15-05-2025 (2025) TaxCorp(LJ) 35262 (HC)
HC : Bombay High Court Upholds CBDT Circular No. 5 of 2024: Revenue's Appeal Withdrawn on Low Tax Effect

15-05-2025 (2025) TaxCorp(LJ) 35263 (ITAT)
ITAT : Mumbai ITAT Overturns CIT(A)’s Ruling on Bogus Purchases from Hawala Traders, Sends Back for Reevaluation for AY 2010-11

15-05-2025 (2025) TaxCorp(LJ) 35282 (HC)
HC : PVR Ltd. Wins Landmark Case as Delhi HC Upholds Treatment of Entertainment Tax Subsidy as Capital Receipt

14-05-2025 (2025) TaxCorp(LJ) 35258 (ITAT)
ITAT : Delhi ITAT Set Aside Invalid Reassessment Proceedings Due to Unsigned Notice under Section 148

14-05-2025 (2025) TaxCorp(LJ) 35271 (HC)
HC : Bombay High Court Upholds Necessity for Exhaustion of Alternate Remedies in Tax Appeal Case of Topzone Mercantile

14-05-2025 (2025) TaxCorp(LJ) 35272 (ITAT)
ITAT : ITAT Kolkata Rules on Income Classification Under Section 80-IC: Narrow Definition of ‘Derived From’

14-05-2025 (2025) TaxCorp(LJ) 35275 (HC)
HC : Madhya Pradesh HC Upholds ITAT's Ruling on Delayed Appeal, Citing Assessee's Negligence and Lack of Credible Reasons

14-05-2025 (2025) TaxCorp(LJ) 35277 (ITAT)
ITAT : Assessee Affirmed Entitled to Benefits under India-Cyprus DTAA, Exempting LTCG and Dividend Income

13-05-2025 (2025) TaxCorp(LJ) 35134 (ITAT)
ITAT : Chennai ITAT Overturns CIT's Revision Order Under Section 263, Affirming AO's Compliance with ITAT Directives in Treating Technical Service Fees

13-05-2025 (2025) TaxCorp(LJ) 35135 (ITAT)
ITAT : ITAT Special Bench Clarifies Tax Surcharge Calculation for Private Discretionary Trusts

13-05-2025 (2025) TaxCorp(LJ) 35138 (ITAT)
ITAT : Ahmedabad ITAT Upholds PCIT's Revisionary Order under Section 263 Due to Non-Application of Mind in Assessment

13-05-2025 (2025) TaxCorp(LJ) 35139 (ITAT)
ITAT : Tribunal Rules in Favor of Assessee: Upholds Reimbursement of Expenses Worth Rs 5.34 Cr.

13-05-2025 (2025) TaxCorp(LJ) 35140 (ITAT)
ITAT : Pune ITAT Sets Aside Assessment Order Due to Invalid Notice under Section 143(2)

12-05-2025 (2025) TaxCorp(LJ) 35265 (ITAT)
ITAT : Ruling on Incriminating Evidence Requirement in Tax Assessments: Bangalore ITAT Decision for AY 2013-14

12-05-2025 (2025) TaxCorp(LJ) 35266 (HC)
HC : Orissa HC Affirms Robust Appeals Process by Relegating Petitioner to Explore Remedy Under Section 246A for Challenging Show-Cause Notice

12-05-2025 (2025) TaxCorp(LJ) 35267 (HC)
HC : Viacom 18 vs. Intelsat USA: Bombay HC Declines to Decide Royalty Status, Remands for Further Analysis on Withholding Tax

09-05-2025 (2025) TaxCorp(LJ) 35110 (ITAT)
ITAT : ITAT Pune Rules Ex-Gratia Termination Compensation from Pfizer is Capital in Nature, Not Taxable

09-05-2025 (2025) TaxCorp(LJ) 35111 (ITAT)
ITAT : ITAT Affirms Business Expense Claim Defying Revenue’s Stance on Holding Company Status

09-05-2025 (2025) TaxCorp(LJ) 35112 (ITAT)
ITAT : Penalty Under Section 271B: Mumbai ITAT Affirms Limits on Imposition Amidst Non-Compliance Dilemma

09-05-2025 (2025) TaxCorp(LJ) 35247 (ITAT)
ITAT : Mumbai ITAT Rules in Favor of UK Resident Assessee on Income Classification under India-UK DTAA

08-05-2025 (2025) TaxCorp(LJ) 35107 (ITAT)
ITAT : Mumbai ITAT Invalidates Section 148 Notice Due to Incorrect Sanctioning Authority; Highlights Importance of Adhering to Approval Protocols

08-05-2025 (2025) TaxCorp(LJ) 35239 (ITAT)
ITAT : ITAT Ahmedabad Upholds Assessee’s Right to Choose Tax Regime, Rules Late Filing of Form 10-IE Does Not Invalidate Claim

08-05-2025 (2025) TaxCorp(LJ) 35242 (HC)
HC : Delhi High Court Overturns Assessment Order: AOC Required to Reconsider Export Claims Under Section 148A(d)

06-05-2025 (2025) TaxCorp(LJ) 35159 (ITAT)
ITAT : Mumbai ITAT Upholds Non-Resident Assessee's Right to Carry Forward STCL of ₹7.41 Crores Despite Revenue's Objections

06-05-2025 (2025) TaxCorp(LJ) 35160 (ITAT)
ITAT : Mumbai ITAT Rules in Favor of Assessee, Rejects AO's Inflated Sales Assessment of Rs 8.37 Cr. Based on Speculation

19-05-2025 (2025) TaxCorp(IDT) 10949 (GST)
SC : SC Upholds AP HC Ruling on GST Classification of Flavoured Milk with Almonds

19-05-2025 (2025) TaxCorp(IDT) 11005 (GST)
HC : Madras HC Condones Delays in Filing Appeals Due to Ill-health and Auditor Inaction

19-05-2025 (2025) TaxCorp(IDT) 11006 (GST)
HC : Telangana High Court Allows 22-Day Delay in Filing Appeal on AAR Ruling Regarding Taxability of Hostel Rent for Weaker Sections

19-05-2025 (2025) TaxCorp(IDT) 11007 (GST)
HC : Delhi HC Directs DGGI to Investigate Alleged Input Tax Credit Abuse Amid Commonalities with Prior Cases

19-05-2025 (2025) TaxCorp(IDT) 11009 (GST)
AAR : Gujarat AAR Determines 'Sada Tambaku with Lime' is Taxable Under HSN 2403 99 10 with 28% GST and Compensation Cess

19-05-2025 (2025) TaxCorp(IDT) 11014 (GST)
AAR : Gujarat AAR Denies ITC on Imported Spare Parts Used for Warranty Repairs, Despite IGST Credit in GSTR-2B

19-05-2025 (2025) TaxCorp(IDT) 11015 (GST)
HC : Allahabad High Court Refuses to Entertain Writ Against GST ITC Fraud Allegations, Upholds Section 74 Proceedings for Non-Existent Supplier Transactions

19-05-2025 (2025) TaxCorp(IDT) 11017 (GST)
HC : Orissa High Court Sets Aside Disallowance of ITC to Kerosene Oil Distributor, Faults Authorities for Denial of Opportunity and Lack of Evidence

18-05-2025 (2025) TaxCorp(IDT) 10999 (GST)
HC : Madhya Pradesh HC Clarifies GST Exclusion from Minimum Wages in Manpower Services

18-05-2025 (2025) TaxCorp(IDT) 11008 (GST)
HC : Court Quashes Provisional Attachment of Bank Accounts Under CGST Act: Revenue Failed to Justify Action

15-05-2025 (2025) TaxCorp(IDT) 10877 (GST)
HC : Jharkhand HC Affirms GST Registration Cancellation of Partnership Firm Due to Significant Delay in Appeal

15-05-2025 (2025) TaxCorp(IDT) 10899 (Service Tax)
CESTAT : CESTAT Declares ITC Ltd.’s Contributions to Starwood Programs Not Subject to Service Tax as Business Auxiliary Service

15-05-2025 (2025) TaxCorp(IDT) 10909 (Service Tax)
CESTAT : CESTAT Chandigarh Upholds Export Status for Promotion and Marketing Services to Australian Universities, Rejecting Revenue’s Classification as Business Assistance Services

15-05-2025 (2025) TaxCorp(IDT) 10910 (Service Tax)
CESTAT : Tax Tribunal Upholds Revenue Demand: Assessee’s Services Classified as Maintenance and Operations

15-05-2025 (2025) TaxCorp(IDT) 10938 (VAT)
HC : Refusal of VAT Authority's Claim on Canara Bank's Sold Property; Priority Established for Secured Creditors Under SARFAESI Act

15-05-2025 (2025) TaxCorp(IDT) 10954 (Customs)
HC : High Court Rules Out Tax Recovery from Legal Heirs Before 2011 Due to Lack of Provisions for Continuation Post-Demise of Assessee

15-05-2025 (2025) TaxCorp(IDT) 10987 (GST)
HC : Karnataka High Court Orders Immediate Unblocking of Electronic Credit Ledger for Petitioner, Citing Lack of Hearing and Insufficient Justification

15-05-2025 (2025) TaxCorp(IDT) 10988 (GST)
HC : Delhi HC Cracks Down on Fraudulent Input Tax Credit Claims: Over Rs. 115 Crores at Stake

15-05-2025 (2025) TaxCorp(IDT) 10989 (GST)
HC : Jharkhand HC Declares Scrutiny Notices for GST Transactions Unsupported by Law

15-05-2025 (2025) TaxCorp(IDT) 10990 (GST)
AAR : No Input Tax Credit Admissible for Construction Inputs in Factory Expansion: Gujarat AAR Decision

14-05-2025 (2025) TaxCorp(IDT) 10963 (Excise)
SC : Supreme Court Upholds CESTAT Decision on Concessional Excise Duty for Cement Supplied to Industrial Consumers

14-05-2025 (2025) TaxCorp(IDT) 10968 (GST)
HC : Madras High Court Directs Assessee to Utilize Appeal Remedy Following Assessment Order for 2020-21

14-05-2025 (2025) TaxCorp(IDT) 10978 (GST)
HC : Andhra Pradesh High Court Overturns Revenue Orders Lacking Document Identification Numbers, mandating Re-assessment

14-05-2025 (2025) TaxCorp(IDT) 10979 (GST)
HC : Allahabad HC Overturns Penalty Imposed Due to Incomplete E-Way Bill, Upholding Legal Principle Against Tax Evasion

14-05-2025 (2025) TaxCorp(IDT) 10980 (GST)
HC : Delhi HC Facilitates Assessee’s GST Re-Credit Claim Resolution via GST Network

14-05-2025 (2025) TaxCorp(IDT) 10981 (GST)
HC : Allahabad HC Upholds Revenue's Demand Post-Registration Cancellation, Emphasizes Assessee's Admission of Liability

14-05-2025 (2025) TaxCorp(IDT) 10982 (Service Tax)
CESTAT : CESTAT Delhi Partially Upholds Appeal by AMWAY Distributor; Confirms Service Tax Demand but Denies Penalty

14-05-2025 (2025) TaxCorp(IDT) 10983 (Customs)
CESTAT : CESTAT Kolkata Reverses IGST Demand of ₹1.05 Crore on Dabur India for ‘Lemoneez’ Import, Classifies it as Citrus Juice Rather than Soft Drink Concentrate

14-05-2025 (2025) TaxCorp(IDT) 10984 (Service Tax)
CESTAT : CESTAT Chennai Denies Refund of Service Tax on Development Charges Due to Limitation Issues

14-05-2025 (2025) TaxCorp(IDT) 10985 (Customs)
HC : Delhi HC Invalidates Magistrate's Order, Upholds DRI’s Authority in Smuggling Case

19-05-2025 (2025) TaxCorp (INTL) 19146 (ITAT-MUMBAI)
Shipping Company Denied Mauritius Treaty Benefit; Indian Agent Ruled Not a Dependent PE - In light of the ITAT’s findings in ITO (IT)-3(1)(1), Mumbai v. Bay Lines (Mauritius) Ltd. [2024] ITD (Mum) (ITA No. XXX/Mum/2024), the claim for DTAA benefit under Article 8 was rightly denied due to the absence of POEM in Mauritius. However, the Tribunal’s detailed assessment of the agency relationship established that FCIPL did not constitute a dependent agent PE, as it neither concluded contracts on behalf of the assessee nor acted solely for it. Therefore, while the company is taxable under Section 44B, attribution of business profits to a dependent agent PE in India is unwarranted.

19-05-2025 (2025) TaxCorp (INTL) 19145 (ITAT-MUMBAI)
Income tax - Sections 9(1)(vii) - Income from Automated Passenger Services Not Taxable as Fees for Technical Services—No ‘Make Available’ of Technology to Indian Airlines - The ITAT Mumbai’s decision makes it clear that automated services provided from outside India, where no technology or technical know-how is transferred or "made available" to the Indian recipient, are not taxable as FTS under Section 9(1)(vii) of the Income Tax Act, 1961 or Article 12 of the India-USA DTAA. Assessees providing similar automated solutions can rely on this ruling to contend non-taxability of such receipts in India, provided there is no human element or transfer of technical know-how to the Indian entity.

19-05-2025 (2025) TaxCorp (INTL) 19144 (ITAT-MUMBAI)
Income Tax - Sections 68, 69C - ITAT Mumbai Quashes Additions for Short-Term Capital Loss and Unexplained Credits: No Direct Link Found Between NRI Assessee and Alleged Penny Stock Manipulation - The Tribunal’s decision makes it clear that in the absence of direct evidence linking the assessee to the alleged manipulation or accommodation entries, additions under sections 68 and 69C are not sustainable. The documentation provided by the assessee, including Demat and NRE account statements, was sufficient to discharge the initial burden of proof. Therefore, the appeal was allowed, and all additions/disallowances were deleted, reaffirming the need for concrete nexus before invoking penal provisions.

19-05-2025 (2025) TaxCorp (TP) 19143 (ITAT-DELHI)
Income-tax - Sections 143(3), 144C(13) - ITAT Delhi Rules Cost Reimbursement for IT/Support Services Not Taxable: Absence of 'Make Available' Clause Sinks Revenue's Case - The Delhi ITAT's ruling reaffirms that cost-to-cost reimbursements for IT/support services, where there is no profit element and the services do not 'make available' technical knowledge to the recipient, are not taxable as FIS under Article 12(4) of the India-US DTAA. Assessees engaged in similar transactions can rely on this decision to support the non-taxability of genuine cost reimbursements, provided the 'make available' condition is not met and the reimbursement methodology is transparent and bona fide.

15-05-2025 (2025) TaxCorp (INTL) 19142 (HC-BOMBAY)
Income tax - Sections 9(1)(vii), 195 - Bombay High Court Rules On Nil Deduction Of Tax For Transponder Services: A Key Decision On Royalty And Tax Treaty Interpretation - The Bombay High Court’s decision signifies an essential moment in defining the tax implications of payments for transponder services. Tax authorities must conduct careful examinations of contracts to ascertain the nature of services provided in order to classify payments appropriately as ‘royalty’ or not under both domestic laws and international treaties. This decision also emphasizes the need for rigor in interpreting tax obligations and upholds the taxpayer's rights in seeking clarity and fairness in application.

15-05-2025 (2025) TaxCorp (INTL) 19141 (ITAT-HYDERABAD)
Income Tax - Sections 50C, 144, 144C, 147 - ITAT-Hyderabad Quashes Re-assessment Due to Incorrect Premise in Capital Gains Disclosure by Non-Resident Individual - In light of the current decision, it is critical for taxpayers, particularly non-resident individuals, to meticulously substantiate and maintain proper documentation of their returns and any capital gains reported. Given the Tribunal's ruling, which emphasizes a stringent requirement for factual accuracy in the reopening of assessments, taxpayers are encouraged to proactively engage in clear disclosures while ensuring their records are exhaustive and readily defensible in the event of scrutiny.

15-05-2025 (2025) TaxCorp (INTL) 19140 (ITAT-DELHI)
Income Tax - Section 9(1)(vi), 40(a)(i) - ITAT Reiterates Non-Royalty Status of Software Payments; TDS Obligation Nullified - The Tribunal's decision reinforces the clear legal principle that payments made for the use of software do not necessarily translate to royalty under the provisions of the Income-tax Act and relevant DTAA agreements. Taxpayers engaged in similar software licensing agreements can take actionable steps to not withhold tax at source if payments align with the stipulations affirmed by the Supreme Court.

15-05-2025 (2025) TaxCorp (INTL) 19139 (ITAT-DELHI)
Income Tax - Sections 10(38), 69A, 69C, 148, 148A - ITAT Holds Re-assessment Order Invalid Due to Limitation Breach in Faceless Assessment Case - The Tribunal's ruling underscores the critical importance of adhering to statutory limitations within tax reassessment proceedings. Tax authorities must ensure precise compliance with established timeframes when initiating reassessment actions, particularly under changing legal landscapes affected by relief measures such as TOLA. Moving forward, taxpayers should closely monitor the timeline of notices and responses to ensure compliance with applicable laws.

15-05-2025 (2025) TaxCorp (INTL) 19138 (ITAT-DELHI)
Legal Crux of ITAT-Delhi Decision on Background Checks and Royalty Taxation - In light of the Tribunal's decision, it is imperative for the assessee and similar entities operating in the realm of human resource services to review their income classification meticulously. The ruling not only reaffirms the importance of prior judicial decisions but also elucidates the parameters for what constitutes taxable royalty under tax treaties. Entities must ensure that their service contracts clearly delineate the nature of services provided without implication of royalty to mitigate tax exposure.

13-05-2025 (2025) TaxCorp (FEMA-INTL) 19137 (HC-SAFEMA)
Penalty Assessment under FEMA Upheld: Appellate Tribunal’s Discretion Affirmed - The Appellate Tribunal’s ruling reinforces the principle that penalties imposed under FEMA can vary significantly based on the discretion exercised by the Adjudicating Authority. This discretion must align with the facts of the case and the evidence presented. The Tribunal's endorsement of the existing penalty affirms that leniency may be merited depending on mitigating circumstances, and no further action was deemed necessary in this instance. Companies must be vigilant about compliance timelines to avoid contraventions that may result in penalties, emphasizing the importance of timely realization of export proceeds in accordance with FEMA regulations.

13-05-2025 (2025) TaxCorp (INTL) 19136 (ITAT-CHENNAI)
Income tax - Sections 195 - ITAT Chennai Rules on Taxability of Payments for Marketing Services to Non-Resident: Confirms Exemption under India-Sri Lanka DTAA - The ITAT's ruling firmly establishes that payments for services rendered by non-residents, specifically independent personal services, are not taxable in India under certain conditions, particularly concerning their physical presence in the country. This decision indicates that companies dealing with foreign associates for services outside of India have a viable defensive argument against TDS claims if the prevailing conditions (fixed base or 183-day residency) are not met.

13-05-2025 (2025) TaxCorp (INTL) 19135 (ITAT-KOLKATA)
Income Tax - Section 295(1) - Tax Tribunal Affirms Assessee's Right to Claim Foreign Tax Credit Despite Delay in Filing Form 67 - In light of the ITAT’s decision, it is essential for practitioners and assessees to recognize the importance of international tax treaties in determining claim rights for foreign tax credits. The Tribunal’s ruling serves as a precedent affirming that the right to claim FTC cannot be invalidated solely due to procedural delays, provided that the substantive conditions of the tax treaty are fulfilled. Assessees should ensure compliance with filing requirements but can rely on treaty provisions to protect their right to claim credits.

13-05-2025 (2025) TaxCorp (TP) 19134 (ITAT-HYDERABAD)
ITAT-Hyderabad Affirms Reopening of Assessment Due to Under-Reported Interest Income and Incorrect Book Profit Computation - The decision by the ITAT reaffirms the necessity for accurate reporting of interest income and adequate disclosures regarding inventory valuation methods. Assessees must be aware that discrepancies in both will lead to a re-evaluation of their tax assessments under section 147. Enterprises must ensure that their financial statements carefully reflect every facet of their income streams, especially where inter-company transactions are involved, to avoid subsequent scrutiny and adjustments.

13-05-2025 (2025) TaxCorp (TP) 19133 (ITAT-DELHI)
Income Tax - Sections 10A, 254(2) - ITAT Orders Fresh Examination of Transfer Pricing Adjustments in Schneider Electric Case Due to Inadequate Application of Comparables and Filters - Ultimately, the ITAT's ruling mandates that the revenue authorities diligently review the TP adjustments and Section 10A claims in a manner consistent with the ITAT's prior directions. This necessitates not only a robust examination of the comparables and filters but also an inclusive approach towards all evidence presented by the assessee. For assessors, this serves as a clarion call to ensure strict compliance with prior judicial directives and substantive assessment methodologies to uphold fairness in transfer pricing evaluations.

10-05-2025 (2025) TaxCorp (INTL) 19132 (HC-DELHI)
Income tax - Sections 9(1)(vii) - Court Ruling Affirms Non-Taxable Status of Marketing Contributions and Reservation Fees in High-Profile Hospitality Dispute - The High Court's ruling reinforces the view that payments for marketing contributions and reservation services, when not integral to the primary operations of a business, do not qualify for taxation as royalty or FIS. This clarification has significant implications for similar business structures in the hospitality industry, suggesting that entities engaging in marketing and brand management strategies may benefit from configuring their transactions to avoid unintended tax liabilities under these categorizations.

10-05-2025 (2025) TaxCorp (INTL) 19131 (ITAT-DELHI)
Income Tax - Sections 69A, 115BBE, 148 - ITAT Remands for Reassessment of Unexplained Credits and Additional Evidence - The ITAT's ruling underscores the importance of evidentiary support for claims of loans, particularly in transactions involving NRIs. The paradigm set forth in this case affirms that cases involving unexplained credits necessitate comprehensive documentation to substantiate claims. Assessors and taxpayers alike should ensure that all pertinent documents are readily available during assessments, particularly bank statements and remittance advices that can illuminate the credibility of transactions.

10-05-2025 (2025) TaxCorp (INTL) 19130 (ITAT-DELHI)
Income Tax - Sections 143(3), 144C(13) - ITAT-Delhi Rules in Favor of Non-Resident Company Over Tax Treatment of Freight Charges and Lease Line Fees - In light of the Tribunal's ruling affirming its earlier positions, companies engaging in logistics and support services can cautiously reinterpret their FTS and royalty classifications. It is advised that firms maintain thorough documentation and legal substantiation for their service agreements to mitigate the risk of unfavorable tax classifications in future assessments.

10-05-2025 (2025) TaxCorp (TP) 19129 (ITAT-MUMBAI)
Income tax - Sections 94B - ITAT Decision Clarifies Definition of Associated Enterprises in Interest Rate Adjustments - The ITAT ruling emphasizes the need for meticulous adherence to definitions surrounding associated enterprises in financial transactions. Assessees must diligently evaluate their relationships with lenders based on ownership stakes and guarantees when ascertaining the arm's length pricing of interest. It is actionable for stakeholders to refine their compliance frameworks to ensure that any reclassification or adjustments are accurately reflected in the transfer pricing documentation to reflect true arm's length terms.

10-05-2025 (2025) TaxCorp (TP) 19128 (ITAT-DELHI)
Income Tax - Section 144C - ITAT Ruling on Transfer Pricing Risks in IT-Enabled Services Case - In light of the Tribunal's findings, the current decision presents actionable insights for the assessee and similar entities in the IT sector engaging in international transactions. It emphasizes the necessity of robust documentation and credible evidence to support claims related to risk adjustments in transfer pricing contexts. Assessees must conduct diligent comparative analyses and ensure that their transfer pricing methodologies comply with legal standards to withstand scrutiny.

10-05-2025 (2025) TaxCorp (TP) 19127 (ITAT-DELHI)
Income Tax - Sections 144B, 144C - ITAT Delhi Upholds Depreciation Adjustment Claim for Manufacturing Assessee - In light of the ITAT's ruling, it is imperative for the assessee (and similarly positioned entities) to focus on adequately documenting and justifying depreciation adjustments based on capacity utilization and comparables. The Tribunal's decision underscores the importance of establishing material differences in utilization metrics, which is actionable for other assessors aiming to contest adjustments linked to underutilization of capacity.

02-05-2025 (2025) TaxCorp(CL) 30556 (SAT)
SAT Overturns SEBI’s Insider Trading Order: Long-Term Holding and One Phone Call Not Enough for Violation in Aptech Case - Based on the available evidence and the legal framework, SAT decisively held that the mere existence of a single phone call and the subsequent long-term holding of shares do not satisfy the legal threshold for establishing insider trading under Regulation 4 of the PIT Regulations, 2015. The finding emphasizes the importance of substantial and corroborative evidence in proving violations relating to UPSI. As a result, SAT set aside SEBI’s order, allowing the appeal and exonerating the appellants from all charges of insider trading in Aptech shares.

13-05-2025 (2025) TaxCorp(CL) 30555 (SC)
High Court's Decision to Release Funds Reversed by Supreme Court: Investigation Preserved - The Supreme Court’s decision serves as a vital reminder of the balance between judicial interventions and ongoing criminal investigations. It reinforces that courts should exercise caution when engaging with cases where investigations are incomplete, particularly in matters involving financial transactions linked to fraudulent activities. Therefore, it is prudent for parties involved in similar circumstances to refrain from seeking premature judicial relief that can disrupt investigative procedures.

02-05-2025 (2025) TaxCorp(CL) 30554 (GUJARAT)
Gujarat High Court Rules Against Malicious Prosecution Over Non-Compliance With Companies Act - This judgment reinforces the criticality of adherence to established accounting standards when addressing related party transactions. It underscores the principle that prosecutorial actions must be anchored in substantive legal requirements. The ruling further signals a judicial commitment to upholding individual rights against unmeritorious allegations, thereby advocating for a more rigorous examination of conditions before initiating criminal proceedings. Practitioners should take heed to ensure that compliance with the Companies Act and associated standards is thorough to safeguard against potential legal repercussions.

25-03-2025 (2025) TaxCorp(CL) 30553 (NCLT)
Tribunal Upholds Validity of Corporate Actions Amidst Allegations of Oppression and Mismanagement - This decision confirms the power of the Tribunal to address and investigate claims of corporate malfeasance while maintaining the primacy of shareholder agreements and management rights. Companies must ensure proper documentation and transparency in financial dealings to mitigate risks of mismanagement claims. Companies should conduct regular audits and maintain open lines of communication with their shareholders to fend off potential disputes.

11-02-2025 (2025) TaxCorp(CL) 30552 (SC)
Supreme Court Mandates Clarity on Builder-Homebuyer Disputes under Real Estate Act - The Supreme Court's ruling delineates the responsibilities of both builders and home buyers while reaffirming the significance of procedural compliance before reaching the stage of contempt. Home buyers facing similar disputes should prioritize engaging with RERA to address any contested demands, thus potentially avoiding lengthy and complex contempt proceedings. This decision reinforces the need for home buyers to take proactive steps in settling disputes directly with builders through established legal channels rather than resorting to contempt actions prematurely.

09-05-2025 (2025) TaxCorp(CL) 30551 (BOMBAY)
Bombay High Court Clarifies Stamp Duty Computation on Demerger of Consumer Mobile Business - The Bombay High Court in its ruling reinforces the critical necessity of adhering strictly to the statutory guidelines laid out in Article 25 (da) of the Maharashtra Stamp Act regarding the computation of stamp duty in Schemes of Arrangement involving demergers. The correction of assessing stamp duty based on the market value of shares issued instead of 'enterprise value' or 'net worth' ensures compliance with legal requirements, underscoring the importance of accurate valuation methods for tax obligations. Tax practitioners and corporate entities must now ensure clarity in share valuation methods deployed to prevent similar miscalculations.

01-04-2025 (2025) TaxCorp(CL) 30550 (BOMBAY)
Bombay High Court Upholds Lack of Jurisdiction for Civil Suits Against NCLT Orders under IBC - In light of the foregoing analysis, it is imperative for the appellant and similarly situated parties to heed the clear directives set out in the IBC. The ruling underscores that while civil courts may offer certain remedies in a broad context, specific challenges arising from NCLT orders must be pursued through statutory channels as articulated under the IBC. The Court's dismissal of the commercial appeal signifies that attempts to circumvent this established protocol are unlikely to succeed.

10-03-2025 (2025) TaxCorp(CL) 30549 (NCLT)
Sections 241, 242 of the Companies Act, 2013 - Court Decision on Oppression and Mismanagement in Private Company: Directors Found Engaging in Unauthorized Financial Activities - The Tribunal’s decision reinforces the principles of corporate governance and the fundamental duty of directors to act in the best interest of the company. The ruling not only highlights the importance of adherence to legal frameworks concerning financial transactions but also emphasizes the repercussions of unethical conduct. In order to avert similar disputes, a robust framework for internal controls and compliance with corporate governance norms is essential. Companies should ensure proper documentation and transparency in their financial dealings, including formal agreements where necessary, to safeguard against potential mismanagement or allegations of oppression.

07-02-2025 (2025) TaxCorp(CL) 30548 (NCLT)
Legal Decision on Duress and Settlement in Family Company Dispute at NCLT, Ahmedabad - This ruling underscores the principle that once parties enter into a Settlement Agreement and derive benefits from it, it is both inequitable and unmeritorious for one party to seek to retract their commitments without substantive justification. Specifically, reliance on coercion claims without evidence does not hold weight under judicial scrutiny. Thus, parties involved in similar disputes should approach settlements with clear intent and understand the binding nature of their agreements to avoid potential legal pitfalls.

02-05-2025 (2025) TaxCorp(CL) 30547 (SAT)
RIL and Facebook's Investment Discussions Lead to Insider Trading Violation by RIL - The decision of the Securities Appellate Tribunal reinforces the critical importance of compliance with insider trading regulations. Companies must ensure that they develop robust frameworks for identifying and executing their disclosure obligations related to UPSI. This case serves as a reminder that failure to act upon leaks of sensitive information can lead to significant financial ramifications, including penalties and reputational damage.

25-04-2025 (2025) TaxCorp(CL) 30546 (HP)
Legal Crux on Transfer of Winding Up Petitions from High Court to NCLT: Himachal Pradesh High Court Ruling - The Himachal Pradesh High Court decisively affirms the precept that corporate revival is preferable to liquidation and endorses the efficacy of the IBC’s structured process for rehabilitation. Courts are encouraged to facilitate the transfer of winding up petitions where appropriate and to prioritize attempts at reviving distressed companies. Stakeholders should proactively engage with the provisions laid out in the IBC to explore avenues for restoration rather than hastily resorting to liquidation under the Companies Act.

10-03-2025 (2025) TaxCorp(CL) 30545 (ALLAHABAD)
High Court of Allahabad Upholds YEA's Cancellation of Lease for Developer's Payment Defaults under U.P. Industrial Development Act - In light of the High Court’s decision, developers engaging with governmental bodies for land and project development must adhere closely to payment schedules and contractual obligations to avoid similar legal repercussions. Furthermore, entities like YEA should leverage their statutory powers judiciously to maintain compliance while ensuring proper communication and transparency with stakeholders in the development process.

25-03-2025 (2025) TaxCorp(CL) 30544 (NCLT)
Sections 241, 213, of the Companies Act, 2013 - Petitioner’s Claims of Oppression and Mismanagement Denied by NCLT Mumbai: Unauthorized Buy-Back Not Prejudicial to Members - Given the NCLT’s ruling, petitioners in cases of alleged corporate oppression must present concrete evidence linking their claims to specific misconduct that affects the company’s operations or shareholders collectively. The clear distinction between personal shareholder disputes and corporate governance practices is critical when framing legal arguments. This decision encourages careful attention to creating well-grounded grievances rather than relying on unsubstantiated allegations.

05-05-2025 (2025) TaxCorp(CL) 30543 (NCLT)
NCLAT Finds Procedural Misstep in Directing Director's Personal Appearance Amidst Company Existence Issues - In light of the NCLAT's judgment, it is crucial for adjudicating authorities to adhere to established procedural norms and prioritize evidentiary support through formal inquiries (e.g., RoC reports) before resorting to physical appearances or imposing costs upon parties. The clear implication is that future adjudications involving similar inquiries must be conducted with a caveat that emphasizes proper investigative procedures.

18-02-2025 (2025) TaxCorp(CL) 30542 (NCLT)
Legal Repercussions of Mismanagement and Oppression Affirmed by NCLT Mumbai: Allegations Found Lacking in Substance - The Tribunal ultimately concluded that the Petitioner failed to establish a credible case for oppression and mismanagement. Lack of clean hands, insufficient evidence, and a misrepresentation of agreements obstructed a favorable ruling for the Petitioner. Prospective petitioners must present substantial evidence and clarity in their assertions while considering the equitable jurisdiction and conduct criteria emphasized by the Tribunal.

01-05-2025 (2025) TaxCorp(CL) 30541 (NCLT)
Appellant's Late Claim Dismissed in IL&FS Insolvency Case, Citing Procedural Lapses - The Tribunal affirmed that the Appellant's failure to meet the prescribed timelines for claims registration constituted grounds for denying the belated claim. This decision underscores the importance of vigilance and adherence to procedural timelines in insolvency proceedings. The ruling distinctly illustrates that while the Appellant may have had valid claims, their inaction and lack of diligence in filing timely documentation cannot prejudice the timely claimants within the resolution process.

04-03-2025 (2025) TaxCorp(CL) 30540 (NCLT)
Sections 66, 8, 25 of the Companies Act, 2013 - Foreign Direct Investment Return Intricacies: NCLT Dismisses Petition for Share Capital Reduction - In light of the Tribunal's ruling, it becomes essential for not-for-profit companies receiving foreign contributions to remain vigilant about the proper utilization of such funds in alignment with their stated objectives. A proactive approach should involve ensuring compliance with FCRA and related stipulations before accepting or utilizing foreign investments. Organizations must maintain stringent records and governance practices to demonstrate adherence to legal obligations and avoid potential pitfalls in capital management.

10-03-2025 (2025) TaxCorp(CL) 30539 (NCLT)
Section 230 of the Companies Act, 2013 - National Company Law Appellate Tribunal Addresses Meeting Requirements for Scheme of Arrangement under Section 230 of Companies Act, 2013 - The decision by the National Company Law Appellate Tribunal reinforces the principle that the majority rule prevails in corporate governance actions, particularly in matters concerning arrangements under Section 230. Companies should ensure compliance with statutory provisions while recognizing the authority of majority shareholders in decision-making processes, thereby mitigating unnecessary legal disputes and facilitating smoother execution of corporate strategies.

22-04-2025 (2025) TaxCorp(CL) 30538 (NCLT)
NCLAT Denies Petition for Investigation into Company Affairs; Non-Membership a Key Barrier - In conclusion, this ruling from the NCLAT emphasizes that non-members cannot initiate investigative petitions under Section 213 of the Companies Act, 2013. Therefore, future complainants should ensure that they hold membership status to substantiate their claims effectively. Moreover, potential litigants must refrain from using petitions as leverage in concurrent disputes, as such actions may be construed as tactical rather than substantive.

21-04-2025 (2025) TaxCorp(CL) 30537 (CALCUTTA)
Rejection of Injunction Suit Highlights Mismanagement and Lack of Legal Standing under Companies Act: Calcutta High Court Decision - In light of the decision, any further attempts by the plaintiff to seek redress must be underpinned by a clear legal right and a well-defined cause of action. It is essential for plaintiffs in similar situations to meticulously establish their legal standing and to understand the appropriate legal remedies for corporate governance disputes under the Companies Act, particularly Section 241. This determination leads to an actionable focus for parties involved in corporate disputes to seek remedies as per specific statutory provisions rather than pursuing redundant injunction suits.

17-05-2024 (2025) TaxCorp(CL) 30536 (SC)
Section 132, of the Companies Act, 2013 - Supreme Court Upholds NFRA's Minimal Penalty for Auditors Amidst Financial Irregularities - In light of the Supreme Court's ruling, it becomes imperative for auditors and accounting professionals to rigorously maintain compliance with auditing standards and safeguard ethical practices to protect themselves from punitive actions by regulatory bodies. It is essential to conduct thorough due diligence, especially in high-stakes corporate environments, and to retain professional integrity as a means of avoiding legal repercussions.

06-09-2024 (2025) TaxCorp(CL) 30535 (CALCUTTA)
Court Upholds Rejection of Discharge in Company Property Case Amidst Contentions of Wrongful Retention - The decision to reject the discharge of the petitioner stands as legally sound and procedurally justified. The High Court’s refusal to intervene further emphasizes the necessity for a thorough investigation and presentation of evidence before any judicial conclusions can be drawn regarding the alleged wrongful retention of company property. Therefore, it necessitates that all parties engaged in similar disputes maintain a focus on the evidence and testimonies leading up to trials, thereby ensuring a robust legal approach to potential criminal liability.

25-03-2025 (2025) TaxCorp(CL) 30534 (DELHI)
High Court of Delhi Upholds Home-buyers' Rights in Greenopolis Project Dispute: Clear Distinction Between Proprietary Rights of 'O' and 'TCSPL' - The High Court's decision in this case serves as a significant precedent affirming the rights of home-buyers over completed projects notwithstanding the insolvency proceedings related to developmental entities like TCSPL. Developers are under clear obligations to deliver possession to eligible buyers upon the completion of construction, as long as they hold valid occupancy certificates. Home-buyers must proactively ensure that their transactions are executed with the correct entities to safeguard their interests in the face of potential insolvency disputes.

07-04-2025 (2025) TaxCorp(CL) 30533 (SC)
Supreme Court Upholds Principle of Finality in SEBI Disgorgement Orders - The Supreme Court's ruling decisively reinforces the tenets of finality and jurisdictional integrity in regulatory actions by SEBI. Stakeholders must recognize that once SEBI makes a final determination on a matter, particularly regarding penalties or disgorgement, it cannot unilaterally reopen that matter without a compelling justification. Consequently, firms should strategize their compliance and appeal mechanisms carefully to prevent the harsh consequences of regulatory overreach.

15-04-2025 (2025) TaxCorp(CL) 30532 (DELHI)
Delhi High Court Addresses Maintainability of Suit Under Companies Act - The Delhi High Court’s ruling underscores the imperative for plaintiffs alleging oppression or mismanagement to direct their grievances to the appropriate tribunal, i.e., NCLT, rather than attempting to utilize the Civil Court as a venue for dispute resolution in matters pertaining to company law. This decision emphasizes the necessity for assessees to meticulously assess jurisdictional issues before commencing litigation to avoid expenses and delays associated with inappropriate forums.

15-04-2025 (2025) TaxCorp(CL) 30531 (NCLT)
NCLAT Upholds Principles of Natural Justice: Rectification Orders Quashed Due to Lack of Audi Alteram Partem - The Tribunal's decision underscores the significance of upholding natural justice within legal proceedings, especially when rectifications involving the potential alteration of substantive rights are at play. Practitioners and companies must ensure that any applications for rectification strictly follow procedural rules and safeguard affected parties' rights to adequate notice and participation in proceedings. Going forward, legal representatives should closely examine order issuance processes to prevent similar transgressions and ensure compliance with natural justice principles.

10-03-2025 (2025) TaxCorp(CL) 30530 (NCLT)
Section 59 of the Companies Act, 2013 - Legal Crux in a Dispute Among Promoter-Directors: NCLT Orders Rectification of Share Register - The Tribunal’s decision underscores the necessity for proper corporate governance and adherence to procedural guidelines laid out in the Companies Act, 2013. It reinforces the importance of active participation and transparent dealings among promoter-directors. As such, a conclusion can be drawn that strict compliance with share transfer protocols and Board approval is crucial to uphold corporate integrity.

31-01-2025 (2025) TaxCorp(CL) 30529 (NCLT)
Time-barred Appeal Dismissed: NCLT Rules on Shareholding Dispute Over 100 Equity Shares - The NCLT ruled that the Appellant's appeal was time-barred, having been filed beyond the prescribed three-year limitation period under Article 137 of the Limitation Act, 1963. Stakeholders in corporate governance must be vigilant in their claims related to shareholding and act promptly to secure their interests.

24-02-2025 (2025) TaxCorp(CL) 30528 (NCLT)
Section 58 of the Companies Act, 2013 - NCLT Orders Restoration of Shareholders' Rights and Rectification of Register in Equity Dispute - In light of the NCLT's ruling, it is evident that companies must rigorously document all share transfers and comply with statutory directives regarding shareholder rights. The decision reinforces the necessity of transparent operations within corporate governance, ensuring that equity holders can effectively exercise their rights.

10-03-2025 (2025) TaxCorp(CL) 30527 (NCLT)
Section 241 of the Companies Act, 2013 - Legal Crux in Share Buy-Back Controversy of Company ‘M’ : Tribunal Finds No Oppression or Mismanagement - In conclusion, the Tribunal's decision reflects an adherence to procedural due diligence and a commitment to uphold corporate governance standards mandated by the Companies Act. The petitioner’s failure to act within the prescribed statutory limits and the absence of substantial evidence to support his claims resulted in the dismissal of the petition. Hence, it serves as a cautionary tale for shareholders about the necessity of prompt action and substantiation of claims when addressing issues of corporate governance.

30-04-2025 (2025) TaxCorp(IDT) 136092 (CESTAT-KOLKATA)
CESTAT Kolkata Overturns Central Excise Duty on Clubbed Purchase Value; No Evidence Supporting Dummy Unit Allegation - The Tribunal’s decision makes it clear that, in the absence of substantive evidence establishing that a supplier is a dummy unit or related party under Central Excise law, clubbing of the purchase value with the manufacturer’s own clearances for the purpose of denying SSI exemption is impermissible. Assessees facing similar demands should ensure their trading and manufacturing activities are clearly reflected in their financial statements and that there is no evidence of interdependence or dummy arrangements.

30-04-2025 (2025) TaxCorp(IDT) 136091 (CESTAT-KOLKATA)
CESTAT Kolkata Rules Clubbing of Clearances Impermissible Where Final Manufacture Occurs in Rural Area - Based on the tribunal’s ruling, the clearances of M/s Exotic Industries (India) and M/s Shanti International cannot be clubbed for central excise purposes when the final manufacture and branding of the goods occur in a rural area, with no evidence of manufacturing at the appellant’s urban premises. The appellant is thus entitled to SSI exemption under Notification No. 8/2003-CE dated 01.03.2003 (as amended), and the department’s demand for duty based on clubbed clearances is not tenable in law.

30-04-2025 (2025) TaxCorp(IDT) 136090 (CESTAT-CHANDIGARH)
CESTAT Chandigarh Quashes Heavy Penalties Imposed on Job-Workers for Alleged Collusion in Fraudulent CENVAT Credit Claim - The Tribunal’s decision underscores the necessity for Revenue authorities to establish a clear, evidence-based link between the actions of an assessee and the alleged offence before invoking penal provisions. In the absence of documentary evidence or concrete action demonstrating collusion, penalties under Rule 26 cannot be sustained. The authorities must also ensure the quantum of penalty is commensurate with the gravity of the alleged contravention and the actual amount involved.

30-04-2025 (2025) TaxCorp(IDT) 136089 (CESTAT-CHANDIGARH)
CENVAT Credit on GTA Services Allowed Despite Absence of ISD Registration at Head Office: CESTAT Chandigarh - Based on the Tribunal’s findings and the binding precedent of Dashion Ltd v. Union of India & Others, it is actionable for assessees to ensure thorough documentation and transparency in the distribution of CENVAT credit, even in the absence of ISD registration. The Tribunal’s decision underscores that such procedural lapses are curable, and credit cannot be denied if substantive compliance is demonstrated.

22-04-2025 (2025) TaxCorp(IDT) 136088 (HC-DELHI)
Delhi High Court Quashes Directors’ Liability for Company’s Export Defaults: No Personal Notice, No Vicarious Responsibility Post-Liquidation - The Delhi High Court set aside the impugned order and the four Orders-in-Original, holding that Directors cannot be held vicariously liable for offences committed by the Company in the absence of specific allegations and without following the due process of law. The Court underscored that notices must be individually addressed and duly served; after liquidation, all proceedings must involve the Official Liquidator. The petition was accordingly disposed of, and all orders fastening liability on the Petitioner were quashed.

01-05-2025 (2025) TaxCorp(IDT) 136087 (CESTAT-AHMEDABAD)
CESTAT Ahmedabad Sets Aside Limitation Bar on Refund of Amounts Paid Under Protest During Investigation - The decision establishes that amounts deposited under protest during investigation, which are later found to be unwarranted due to a favourable appellate order, must be refunded to the assessee without invoking the limitation period under Section 27 of the Customs Act, 1962. The impugned order of the Commissioner was set aside, and the appeal was allowed. Assessees are entitled to receive such refunds as a consequential relief of appellate decisions, and there is no requirement to file a refund application within the limitation period in such circumstances.

30-04-2025 (2025) TaxCorp(IDT) 136086 (CESTAT-BANGALORE)
CESTAT Bangalore Moderates Penalty on Customs Broker for Procedural Lapses in Import Misdeclaration Case; Partial Forfeiture of Security Deposit Upheld - The CESTAT Bangalore’s decision clarifies that Customs Brokers must maintain strict vigilance and proactively advise importers, especially in cases involving cross-office filings. However, once KYC and documentary verification under Regulation 10(n) are completed, brokers are not mandated to probe deeper into the importer’s background unless red flags are apparent. The ruling also establishes that penalties and forfeitures should be proportionate to the established violations and circumstances.

30-04-2025 (2025) TaxCorp(IDT) 136085 (CESTAT-BANGALORE)
CESTAT Bangalore Quashes Customs Valuation Order: Denial of Cross-Examination and Flawed Comparable Evidence Vitiate Proceedings - On a close reading of the Tribunal’s decision, it is clear that customs authorities must strictly adhere to the sequential methodology prescribed under the Valuation Rules and cannot arbitrarily reject declared transaction values without cogent evidence and reasoned orders. The denial of cross-examination rights further vitiates the proceedings. Hence, any order passed in violation of prescribed procedures and principles of natural justice is liable to be set aside. Assessees confronted with similar circumstances should promptly contest such orders, seeking strict compliance with procedural rights and evidentiary requirements.

30-04-2025 (2025) TaxCorp(IDT) 136084 (CESTAT-KOLKATA)
Court Quashes Central Excise Duty Demand for Biris; No Evidence of Clandestine Manufacture Established - The CESTAT's decision underscores noteworthy principles in excise law, highlighting:

The absence of direct evidence linking unlabelled biris to clandestine activities negates presumptive guilt.
Clandestine clearance allegations require robust evidence which was not presented.
Given the lack of basis for duty demands, penalties and interest assessments arising from the impugned order are rendered moot.
This ruling establishes that the administrative authorities must exercise rigorous diligence in substantiating their claims with identifiable and tangible evidence before imposing harsh penalties.

30-04-2025 (2025) TaxCorp(IDT) 136083 (CESTAT-HYDERABAD)
Clandestine Manufacture and Removal: CESTAT Upholds Duty Demands Based on Evidence and Admitted Statements - The decision hands down a solid affirmation of duty demands and penalties centered on a comprehensive evaluation of corroborative documents, the Managing Director's admissions, and dealer testimonies reinforcing the allegations of clandestine operations. It underscores that in the realm of clandestine activities, declarations and corroborative records from pivotal personnel are paramount in reinforcing penal actions.

30-04-2025 (2025) TaxCorp(IDT) 136082 (CESTAT-NEW DELHI)
Legal Crux in Clandestine Manufacture Case: Conclusive Evidence of Discrepancies in Production Records - The tribunal's decision crystallizes that clandestine manufacture can be substantiated through indirect evidence, particularly through discrepancies across production records. It affirms that the extended limitation period applies where suppression of facts is proven, leading to sustained demands for interest and penalties. Moreover, insolvency proceedings do not obstruct adjudication on the merits of appeals concerning tax and duty obligations.

30-04-2025 (2025) TaxCorp(IDT) 136081 (CESTAT-BANGALORE)
Customs Value Redetermination Ruled Invalid: CESTAT Directs Restoration of Sale Value for Replacement Goods - The ruling by the CESTAT reaffirmed that the re-determination of value based solely on the supplier's list price without adequate justification is untenable, leading to the directive for the customs authorities to restore the sale value of the contested goods. The decision underscores the necessity for adherence to established customs value procedures and emphasizes the importance of fair administrative practice in customs operations.

30-04-2025 (2025) TaxCorp(IDT) 136080 (CESTAT-NEW DELHI)
Legal Challenges in Customs Valuation: CESTAT New Delhi Overturns Re-Assessment Lacking Legal Basis - The CESTAT's ruling signifies a crucial reaffirmation of legal standards concerning customs valuation, emphasizing the necessity for procedural compliance, particularly regarding the issuance of speaking orders for reassessments. Assessing Officers must establish a clear rationale for changes in transaction values, supported by legal provisions, to ensure enforceability and maintain legal integrity in assessments. Importers are advised to vigilantly monitor customs assessments to guarantee that practices conform to established legal requirements.

26-02-2025 (2025) TaxCorp(IDT) 136079 (CESTAT-KOLKATA)
CESTAT Kolkata Confirms Classification of Multimedia Speakers under CTH 8518, Resolving Long-Standing Dispute - In light of the CESTAT’s ruling, it is imperative for stakeholders importing multimedia speakers to ensure that they are classified under CTH 8518. This classification not only aligns with prior judicial findings but also provides a definitive framework to mitigate any discrepancies in future customs evaluations. Importers should conduct thorough checks and maintain documentation supporting this classification to optimize compliance and avoid customs disputes.

28-04-2025 (2025) TaxCorp(IDT) 136078 (SC)
Supreme Court Upholds Constitutional Validity of Notification on Interest Payable for CVD and SAD under CT Act - The dismissal of the special leave petition by the Supreme Court reinforces the constitutional legitimacy of Notification No. 18/2015-Cus regarding the liability of interest on CVD and SAD. This decision elucidates the binding nature of the existing legal provisions, and obligates assessees to maintain compliance with interest payments associated with customs duties. Assessees are urged to engage in diligent accounting practices and proactive financial management to avoid non-compliance penalties.

29-04-2025 (2025) TaxCorp(IDT) 136077 (CESTAT-CHANDIGARH)
CESTAT Rulings Affirm Refund Eligibility for Cess under Area-Based Exemption - The CESTAT decision effectively underscores the legal principle that education cess and secondary & higher education cess are not categorized as duties of excise, thereby warranting the refund of any payments made under these categories. Businesses should revisit their previous cess payments and consider filing for refunds where applicable, acting promptly within any statutory timelines to capitalize on this ruling. It is crucial for assessees to stay compliant with the legal framework and keep abreast of similar judicial developments to take advantage of available tax relief.

13-12-2024 (2025) TaxCorp(IDT) 136076 (CESTAT-KOLKATA)
CESTAT Kolkata Ruling: Transportation Charges Not Included in Assessable Value for Central Excise Duty - This decision reaffirms the established principle that transportation costs borne by the buyer, which are separately reflected in invoices, cannot be amalgamated into the assessable value of goods for Central Excise purposes. Stakeholders in industries involving manufacturing and transportation should focus on ensuring that their pricing structures adhere to guidelines about assessable value computation, particularly regarding freight charges. Any misinterpretations of duty liability could lead to unnecessary tax burdens.

11-12-2024 (2025) TaxCorp(IDT) 136075 (CESTAT-KOLKATA)
No Additional Excise Duty on Pre-Budget Stock Under Finance Act, 2014 - The ruling by CESTAT Kolkata establishes a binding precedent, reaffirming that the imposition of Additional Excise Duty on stocks manufactured prior to the levy’s introduction is unlawful. Thus, assessees are encouraged to review their tax exposure concerning similar levies and to ensure that potential liabilities on pre-budget stocks are adequately managed.

09-12-2024 (2025) TaxCorp(IDT) 136074 (CESTAT-KOLKATA)
CESTAT Ruling Clarifies Valuation Method for Physician’s Samples in Central Excise Duties - As established by the tribunal's ruling, the valuation of physician's samples is clearly defined and must comply with Section 4(1)(a) of the Central Excise Act, 1944. The legal framework necessitates that businesses dealing with such samples adopt the pro rata method of valuation based on actual market prices of similar medicaments. This decision highlights the importance of adhering to proper valuation rules and government circulars in assessing liability for excise duties in future transactions involving physician samples.

22-04-2025 (2025) TaxCorp(IDT) 136073 (HC-DELHI)
Delhi High Court Declares Petitioner Not Personally Liable for Company’s Export Obligations - The Delhi High Court's ruling elucidates the stringent requirements for establishing personal liability of directors in cases relating to export obligations. Directors must be directly and specifically implicated in allegations concerning non-compliance to be held accountable. The judgment reinforces the necessity of timely action by authorities in matters related to corporate regulations and establishes a clear precedent that must be adhered to in future similar cases.

15-04-2025 (2025) TaxCorp(IDT) 136072 (HC-ALLAHABAD)
Anticipatory Bail Granted to Accused in Customs Smuggling Case amid Legal Precedents and Lack of Direct Recovery - In light of the existing evidence and the legal framework surrounding anticipatory bail, it is concluded that the applicant, Avijit Manna, successfully demonstrated that the charges under Section 135 of the Customs Act have not yet been substantiated. Therefore, he is entitled to anticipatory bail from the charges as the prosecution has yet to establish a direct connection to the alleged offence, supported further by the lack of recovery against him.

28-04-2025 (2025) TaxCorp(IDT) 136071 (CESTAT-AHMEDABAD)
Striking Down Penalty on Customs Broker but Upholding Charges Against Business Development Associate in Customs Act Violation Case - Based on the outcomes of the case:

Mahendra N. Thacker, as a Customs Broker, cannot be held liable for penalties under Section 46 of the Customs Act because the duty is imposed on the importer, and no violations were adequately demonstrated against him.
Conversely, Rajiv Sahni is liable for penalties as he actively facilitated the diversion of imported HSD contrary to existing regulations and is penalized for his involvement in circumventing statutory compliance.

01-04-2025 (2025) TaxCorp(IDT) 136070 (CESTAT-NEW DELHI)
Revocation of Customs Broker License Overturned: Key Ruling on Compliance Responsibilities and Fraudulent Misuse of Export Schemes - The tribunal found that the customs broker did not fail in its obligations under Regulation 10(n) of CBLR 2018. It concluded that the previous order was flawed in determining a violation based on events occurring post-verification. As such, the CESTAT set aside the impugned order dated April 5, 2021, allowing the appeal. This ruling serves as a definitive interpretation of the capacities and limitations of customs brokers’ responsibilities regarding documentation verification.

28-04-2025 (2025) TaxCorp(IDT) 136069 (SC)
Supreme Court Rules Against Duty Demand from Re-classification of Benzene and Toluene; Tests Found Inadequate - The Supreme Court's ruling established that the re-classification of Benzene and Toluene was baseless due to the reliance on undisclosed and inadequate test reports. Moreover, the failure of the authorities to comply with essential procedural requirements under Rule 9B invalidated any notion of provisional assessments for the months of January and February 1993. This judgment signals a crucial admonition to tax authorities about adhering strictly to procedural regulations in the classification of products and the assessment of duties.

25-04-2025 (2025) TaxCorp(IDT) 136068 (HC-BOMBAY)
Bombay High Court Rules on Rebate Claim Rejection for Exported Goods, Clarifies Double Benefit Doctrine - The Bombay High Court's decision reinforces that manufacturers/exporters are legally entitled to avail of rebate on excise duties for exported goods under Rule 18 of the Central Excise Rules, 2002, alongside claiming duty drawbacks on inputs as per the Drawback Rules. This ruling elucidates the doctrine that claiming benefits derived from different tax layers does not constitute a double benefit. Thus, manufacturers/exporters should strategically navigate the excise and customs duty framework to optimize their claims without fear of rejection on the grounds of double benefits.

25-04-2025 (2025) TaxCorp(IDT) 136067 (CESTAT-NEW DELHI)
CENVAT Credit Eligibility Challenged: CESTAT Rules on Registration and Input Utilization Amidst Separate Entities - The CESTAT's decision underscores the necessity for manufacturing entities to ensure compliance with registration requirements under Excise Laws before claiming CENVAT credit. The ruling serves as a clarion call for strict adherence to registration timelines and procedures especially in scenarios where entities commence operations post taxing events. It is prudent for entities operating under shared management to delineate their operational frameworks to mitigate the risk of infructuous demands and precarious credit claims.

07-04-2025 (2025) TaxCorp(IDT) 136066 (HC-DELHI)
Customs Jurisdiction Reaffirmed: Delhi High Court Validates DRI's Authority to Issue Show Cause Notices - In light of the Delhi High Court’s affirmation regarding the jurisdiction of DRI officers, stakeholders in the customs sector, including importers and customs law practitioners, should adapt their compliance strategies accordingly. The clear interpretation provided by the court underscores the necessity for importers to engage proactively with DRI inquiries and respond to SCNs promptly, given the reaffirmed authority of DRI officers. Businesses should ensure that their customs compliance frameworks adequately address the risks associated with DRI oversight.

21-04-2025 (2025) TaxCorp(IDT) 136065 (CESTAT-ALLAHABAD)
Vehicle Confiscated for Smuggling: Knowledge of Illicit Goods Not a Ground for Vehicle Release - The decision reinforces that confiscation of conveyances involved in smuggling activities is mandatory in the absence of proven lack of knowledge or intent. While the imposition of penalties can be influenced by knowledge and intent, vehicle confiscation is immune to these considerations. The tribunal's adjustment of the redemption fine to reflect a proportionate rate indicates a renewed emphasis on fair penalties aligned with market values.

21-04-2025 (2025) TaxCorp(IDT) 136064 (CESTAT-AHMEDABAD)
Misrepresentation of Imported Goods Quantity: CESTAT Ahmedabad Decision Highlights Key Legal Principles - The ruling from CESTAT Ahmedabad establishes that the declared transaction value must be sustained where no additional monetary remittance beyond the invoiced amount can be substantiated. It provides clear guidance that in instances where goods are marketed by units, fluctuations identified in weight during customs assessments do not substantiate a re-evaluation of the transaction value. Accordingly, importers should ensure that their documentation accurately reflects the nature of their goods, emphasizing unit counts as pertinent to customs declarations.

06-12-2024 (2025) TaxCorp(IDT) 136063 (CESTAT-BANGALORE)
Import Classification of Software Licenses Associated with Hardware - The CESTAT Bangalore's ruling decisively indicates that the classification of the software license in paper form associated with the DCS hardware does not merit classification under CTH 8538 9000. Importers should align future import classifications with aligned legal interpretations as elaborated in the references, ensuring they leverage favorable classifications leading to lower duty implications.

Direct Tax

14-05-2025 NOTIFICATION NO. 48/2025
Zero Coupon Bond - Specified bond notified u/s 2(48) of the Income-tax Act, 1961

13-05-2025 NOTIFICATION NO. 47/2025
Exemption from specified income U/s 10(46) of IT Act 1961 – ‘Telangana State Pollution Control Board’

09-05-2025 NOTIFICATION NO. 46/2025
CBDT has notified the ITR-7 Form for Assessment Year 2025–26 under the Income-tax (Eighteenth Amendment) Rules, 2025

07-05-2025 NOTIFICATION No. 45/2025
Income-tax (Seventeenth Amendment) Rules, 2025.

07-05-2025 PRESS RELEASE, DATED 7-5-2025
The Department of Economic Affairs, Ministry of Finance, invites suggestions from experts and the public on the draft framework of 'India's Climate Finance Taxonomy' by 25th June 2025. India's climate finance taxonomy will facilitate greater resource flow to climate-friendly technologies and activities, enabling India to achieve the vision of being net zero by 2070 while ensuring long-term access to reliable and affordable energy.

GST

02-05-2025 Instruction No. 04/2025-GST`
Grievance Redressal Mechanism for processing of application for GST registration
02-05-2025 Instruction No. 05/2025-GST
Timely production of records/information for audit
24-04-2025 NOTIFICATION No. G.S.R. 256(E)
Goods and Services Tax Appellate Tribunal (Procedure) Rules, 2025
17-04-2025 Instruction No. 03/2025-GST
Instructions for processing of applications for GST registration
27-03-2025 Circular No. 248/05/2025-GST
Various issues related to availment of benefit of Section 128A of the CGST Act, 2017

Corp Law

13-05-2025 Circular No. SEBI/HO/DDHS/DDHSPOD1/P/CIR/2025/72
Simplification of operational process and clarifying regarding the cash flow disclosure in Corporate Bond Database pursuant to review of Request for Quote (RFQ) Platform framework.
16-05-2025 Circular No. SEBI/HO/DDHS/DDHS-PoD-1/P/CIR/2025/0000000073
Review of provisions pertaining to Electronic Book Provider (EBP) platform to increase its efficacy and utility
16-05-2025 Circular No. SEBI/HO/AFD/AFD-POD-3/P/CIR/2025/71
Extension of timeline for implementation of provisions of SEBI circular dated December 17, 2024 on Measures to address regulatory arbitrage with respect to Offshore Derivative Instruments (ODIs) and FPIs with segregated portfolios vis-à-vis FPIs
15-05-2025 Circular No. SEBI/HO/DDHS/DDHS-PoD-2/P/CIR/2025/ 70
Rating of Municipal Bonds on the Expected Loss (EL) based Rating Scale
14-05-2025 Circular No. SEBI/HO/DDHS/DDHS-PoD-2/P/CIR/2025/68
Composition of the Internal Audit team for CRAs

IDT

17-05-2025 Instruction No. 11/2025-Customs
Port restriction on import of certain goods from Bangladesh to India – Insertion of a new Para 19 under ‘General Notes Regarding Import Policy’ under ITC (HS), 2022 Schedule 1 (Import Policy)
17-05-2025 FTP - Notification No. 07/2025-26
Port restriction on import of certain goods from Bangladesh to India - Insertion of a new Para 19 under 'General Notes Regarding Import Policy' under ITC (HS), 2022 Schedule 1 (Import Policy)
16-05-2025 DGFT - Public Notice No. 07/2025-26
Amendments in Standard Input Output Norms (SION) A-1303
15-05-2025 NOTIFICATION NO. 34/2025-CUSTOMS (N.T.)
Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver
14-05-2025 SEZ - NOTIFICATION No. S.O. 2213 (E)
Kandla Special Economic Zone Authority - Name of members notified - Amendment in Notification S.O.2938(E) dated 30.06.2023
13-05-2025 Instruction No. 10/2025-Customs
Arrest Report and Incident Report (where arrest not made) – revised formats
11-05-2025 Circular No. 16/2025-Customs
Anti-Dumping Duty on imports of "Titanium Dioxide" originating in or exported from China PR — Implementation
10-05-2025 NOTIFICATION NO. 03/2025-CUSTOMS (CVD)
Seeks to impose CVD on imports of "Textured tempered coated and uncoated glass" originating in or exported from Vietnam for a period of 5 years
10-05-2025 NOTIFICATION NO. 12/2025-CUSTOMS (ADD)
Seeks to impose Anti Dumping Duty on imports of ‘Titanium Dioxide’ originating in or exported from China PR
09-05-2025 Instruction No. 09/2025-Customs
Closing of the Integrated Check Post, Attari for all types of incoming and outgoing passengers and movement of goods.

Budget 2025

Finance Bill, 2025: Complete Coverage

Most Read

Article - GST on Rental and Lease Transactions: Residential and Commercial Properties (RCM & FCM)
Article - Strengthening Director Accountability: A Comprehensive Analysis of SEBI LODR and Companies Act, 2013 Requirements
Article - Auditor's Relief: Gujarat High Court Dismisses Non-Disclosure Allegation
Article - GST IMPLICATIONS FOR RESIDENTIAL HOUSING SOCIETIES AND EXEMPTION PROVISIONS
Article - Exploring the Application of Section 50C on Leasehold Rights in Land – Analysis from a Bombay High Court Decision
Article - EXAMINING THE TAXATION OF PRICE DIFFERENTIALS BETWEEN TRANSACTION VALUE AND MARKET VALUE UNDER GST
Article - Overview of Section 56(2)(viib) Relief for DPIIT-Recognised Startups
Article - GST Implications on Sale of Developed Land Plots: Analysis of Legal Provisions, CBIC Clarifications, and Gujarat AAR Rulings
Article - GST Implications on Disposal of Capital Goods: Comparative Analysis of Rule 40(2) and Rule 44(6)
Article - GST Treatment of Restaurant Services in India
Article - Understanding Supply Classification in GST: Goods vs Services
Query - Understanding Late Fees on Delayed Submission of GSTR-9C for Financial Years 2021-22 and 2022-23
Query - Tax Implications of Dissolution of Partnership Firm
Article - Entitlement to ITC Refund Under Inverted Duty Structure Prior to July 18, 2022: Judicial Confirmation
Article - Preparing for a GST Audit: Essential Preparations and Concentration Areas
Article - Amalgamation and the Complexities of Taxation Disputes
Article - Interest on Misused and Utilized Input Tax Credit in GST
Query - Resolving Denial of Deduction for Capital Expenditure on Warehouse Construction
Article - Guide to Convert Physical Shares to Demat Form for Companies and Shareholders
Article - Understanding Income from Joint Property and Tax Liabilities in India
Article - Tribunal Endorses Deduction Under Section 54F for First Floor Construction Subject to Certain Conditions
Query - Reporting Zero-Rated Supplies in GSTR-1: HSN Summary Guidance
Query - GST Applicability on Catering Services to an Educational Institution
Article - Analysis of Indian Medical Association Case: Upholding Mutuality Doctrine - GST Exempted on Club Fees
Article - Jurisdictional Limits of AAR & AAAR Concerning Tax Matters Under the Finance Act 1994
Query - Eligibility for Input Tax Credit on Passenger Vehicle Purchased by Educational Institution
Query - Guideline for Adjusting Excess Turnover and GST Amount in GSTR-3B
Article - Impact of Bombay High Court's Decision on GST for Development Rights: Reassessing Taxation
Article - Understanding the Application of MMR and Maximum Surcharge for Private Discretionary Trusts in India
Article - Obligation to File Form 10IE Before Section 139(1) Due Date: Is It Compulsory?
Page 1 of 10 (300 items)Prev[1]2345678910Next

Top Categories

Commentary

Always updated Income Tax Commentary

Direct Taxes

Decisions, Acts, Rules, Circulars, Finance Acts/Bills, Ready Reckoner, Digests, Books, Search

Service Tax

Decisions, Acts, Rules, Digests, Circulars, Practice Updates, Landmark Decisions, Search

Corporate Laws

Decisions, Acts, Rules, Regulations, Circulars, Procedurs, SEBI, Securities Laws, Search

Company Law Ready Reckoner, 2015

Procedures, Resolutions, Formats, Compliance, Check Lists, Main Objects, Circulars, Articles

FEMA/RBI

Decisions (FEMA and DRT Cases), RBI Circulars, FEMA Rules and Regulations, FDI

Indian Acts

Direct, Indirect, Corporate, Securities, Economic, Labour, Industrial, Insurance, Forex Laws

Deeds & Documentation

Deeds & documentation (Partnership, HUF, Gift, POA and 45 other categories covering around 1,500 deeds annd agreements. Editable.

GST

Tarrif/Non Tariff Notification, Circulars, SC/HC/CESTAT Cases, Acts, Rules, Regulations

Excise

Tarrif/Non Tariff Notification, Circulars, SC/HC/CESTAT Cases, Acts, Rules, Regulations

Customs

Tarrif/Non Tariff Notification, Circulars, SC/HC/CESTAT Cases, Acts, Rules, Regulations

VAT

STC (All Volumes), VST, VST-OL, TaxCorp (VAT) Decisions, All India VAT Circulars, Notifications

Accounting/Auditing

Accounting Policy, AS, AAS, IndAS, Opinions, Guidance Notes, Company Audit

Annual Reports

Annual Reports (IndAS and IFRS based), Segment-wise, Company-wise

Indian Rules

Direct, Indirect, Corporate, Securities, Economic, Labour, Industrial, Insurance, Forex Laws

TaxCorp Forms

Income Tax, Service Tax, Excise, Customs, FTP, FEMA & SEZ. Editable.

Income Tax Commentary

Acts / Rules / Circulars / Notifications / Case Laws / Forms/ and More (Initial Version) !!!

GST

Acts / Rules / Circulars / Notifications / Articles / Videos / News / and More !!!
Launch +

TaxCorp Search

Premium Search Enginge with intelligence built in. Guaranteed to give results within top 5 search results.

Launch +

Top Tax Stories

Realtime coverage of Direct, Indirect and International Taxation. All important judgments not to be missed.

Launch +

Company Law Ready Reckoner

TaxCorp International Taxation

Comprehensive and exhaustive resource on International Taxation, Transfer Pricing, Double Taxation Tax Treaties, FDI, FEMA, BIPA, NRI. All Indian Transfer Pricing cases as well as News

TaxCorp intelligent Search Tool developed exclusively for International Taxation and Transfer Pricing Module. Search DTAA Article-wise case laws, Country-wise, topical search. Analysis of important international judgments on Transfer Pricing. Expert columns and Articles related to TP

About TaxCorp

TaxCorp Total Solution established in 2005 is the creator of the best search engine for direct and indirect taxes.

Taxcorp.in is created as a dedicated website focusing on Income Tax, GST,Service Tax, Excise, Customs, State VAT, International Taxation, Transfer Pricing, Accounting, Audting and Corporate Laws and related Regulations.

Announcements

Useful Links

Contact Us

B -306, Darshanam Oxy Park,
Vasna Bhayli Road
Vadodara - Gujarat
Sales: +91 9898593742
General: +91 9725424647
Email: info@thetaxcorp.com

2015 © TaxCorp Total Solution Privacy Policy | Terms of Service | Disclaimer