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    July 13, 2026   Case LawsIncome Tax
    Direct nexus test for R&D expenditure governed profit deduction for eligible units; Revenue's challenge failed.
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    Premature writ petition for mandamus fails where penalty risk is only apprehended and unsupported by material.
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    Reassessment approval beyond three years needs the specified authority, while the proviso applies prospectively only.
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    Reassessment proceedings cannot be used to withdraw voluntarily offered income or reopen concluded matters at the assessee's instance.
    July 13, 2026   Case LawsIncome Tax
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    July 13, 2026   Case LawsIncome Tax
    Revenue-neutral domestic transfer pricing and mirror transactions justified deletion of related-party adjustments for operation, maintenance and port ...
    July 13, 2026   Case LawsBenami Property
    Benami routing of demonetised cash and denial of cross-examination were rejected absent proof of prejudice.
    July 13, 2026   Case LawsCustoms
    Provisional release of seized imported goods ordered subject to duty payment, bank guarantee, and independent adjudication
    July 13, 2026   Case LawsCustoms
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    July 13, 2026   Case LawsCustoms
    Specific tariff heading for quick lime prevails over general chemical heading; reclassification under a competing entry fails.
    July 13, 2026   Case LawsCustoms
    Post-export shipping bill amendments to change scheme codes can proceed when circular-based time limits lack legal force.
    July 13, 2026   Case LawsCompanies Law
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    July 13, 2026   Case LawsMoney Laundering
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    July 13, 2026   Case LawsVAT / Sales Tax
    Declared goods input tax credit cannot be curtailed contrary to constitutional and CST protections in inter-State resale.
    July 13, 2026   Case LawsVAT / Sales Tax
    Secured Creditor Priority Over State Tax Dues Prevails Despite First Charge Claim and Unregistered Encumbrance
    July 13, 2026   Case LawsIndian Laws
    Inordinate delay, conditional settlement and double jeopardy fail in cheque dishonour challenge; fine reduced for later payment credit
    July 11, 2026   NotificationsSEZ
    Special Economic Zones Rules amendment extends Form H time limit and revises the Annexure-I quarter reference.
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    July 13, 2026   Case Laws Income Tax
    Direct nexus test for R&D expenditure governed profit deduction for eligible units; Revenue's challenge failed.
    July 13, 2026   Case Laws Income Tax
    Premature writ petition for mandamus fails where penalty risk is only apprehended and unsupported by material.
    July 13, 2026   Case Laws Income Tax
    Dividend stripping on mutual fund units fails absent section 94 conditions and specific statutory authority.
    July 13, 2026   Case Laws Income Tax
    Reassessment approval beyond three years needs the specified authority, while the proviso applies prospectively only.
    July 13, 2026   Case Laws Income Tax
    Reassessment proceedings cannot be used to withdraw voluntarily offered income or reopen concluded matters at the assessee's instance.
    July 13, 2026   Case Laws Income Tax
    Strict construction of deduction claims bars REIT from section 35D public issue expense relief under company-specific rule.
    July 13, 2026   Case Laws Income Tax
    Revenue-neutral domestic transfer pricing and mirror transactions justified deletion of related-party adjustments for operation, maintenance and port services.
    July 13, 2026   Case Laws Benami Property
    Benami routing of demonetised cash and denial of cross-examination were rejected absent proof of prejudice.
    July 13, 2026   Case Laws Customs
    Provisional release of seized imported goods ordered subject to duty payment, bank guarantee, and independent adjudication
    July 13, 2026   Case Laws Customs
    Improper export penalties fail absent corroborated involvement in misdeclaration, false documents, or prior notice for residual penalty.
    July 13, 2026   Case Laws Customs
    Specific tariff heading for quick lime prevails over general chemical heading; reclassification under a competing entry fails.
    July 13, 2026   Case Laws Customs
    Post-export shipping bill amendments to change scheme codes can proceed when circular-based time limits lack legal force.
    July 13, 2026   Case Laws Companies Law
    Discretionary transfer of winding-up proceedings under Section 434(1)(c) denied for delay, limited locus, and mature liquidation stage.
    July 13, 2026   Case Laws IBC
    Interim moratorium under insolvency law bars fresh debt recovery suits and triggers rejection of the plaint
    July 13, 2026   Case Laws FEMA
    Director liability under FEMA needs proof of responsibility for business; mere designation cannot sustain penalty.
    July 13, 2026   Case Laws Money Laundering
    Equivalent value attachment of pre-crime property sustained where proceeds of crime were traced to the appellant.
    July 13, 2026   Case Laws VAT / Sales Tax
    Declared goods input tax credit cannot be curtailed contrary to constitutional and CST protections in inter-State resale.
    July 13, 2026   Case Laws VAT / Sales Tax
    Secured Creditor Priority Over State Tax Dues Prevails Despite First Charge Claim and Unregistered Encumbrance
    July 13, 2026   Case Laws Indian Laws
    Inordinate delay, conditional settlement and double jeopardy fail in cheque dishonour challenge; fine reduced for later payment credit
    July 11, 2026   Notifications SEZ
    Special Economic Zones Rules amendment extends Form H time limit and revises the Annexure-I quarter reference.

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      Home› Highlights › Income Tax › 2013 › December, 2013 › This
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      Income Tax

      Sec. 43(5) has no application to FIIs in respect of “securities” ...

      Section 43(5) Inapplicable to FIIs: Securities Income Classified as Capital Gains u/s 115AD Explanation.

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      Income TaxDecember 12, 2013Case LawsAT
      Sec. 43(5) has no application to FIIs in respect of “securities” as defined in Explanation to sec. 115AD, income from whose transfer is considered as short term or long term capital gains - AT
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