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October 5, 2026   Case Laws Income Tax
TNMM aggregation of royalty with manufacturing precludes separate benchmarking, while non-comparable diversified service providers require exclusion.
October 5, 2026   Case Laws Income Tax
Penalty for inaccurate particulars requires more than a Section 43B addition or a disclosed foreign-dividend reporting mismatch.
October 5, 2026   Case Laws Income Tax
Net profit estimation in vegetable commission business requires expense analysis, leading to recomputation of taxable business income.
October 5, 2026   Case Laws Income Tax
Recording satisfaction in assessment proceedings is essential before cash-receipt penalties can be initiated; absent satisfaction, penalty fails.
October 5, 2026   Case Laws Income Tax
Search-related reassessment procedure displaces ordinary scrutiny assessment and invalidates regular assessments made after a search operation.
October 5, 2026   Case Laws Income Tax
Section 50C excludes unregistered contractual rights to seek land conveyance, preventing deemed-value recomputation of long-term capital gains.
October 5, 2026   Case Laws Income Tax
Family Jewellery Source Explanation: Valuation reports and family ownership evidence supported deletion of the unexplained-income addition.
October 5, 2026   Case Laws Income Tax
Accommodation loan reassessment may stand while additions fail where loans are repaid through banking channels and records establish repayment.
October 5, 2026   Case Laws Income Tax
Foreign Salary Taxability: Passport, employment and NRE account evidence support non-resident claims despite absent foreign tax documents.
October 5, 2026   Case Laws Income Tax
Genuine BSE futures and options profits cannot be treated as unexplained cash credit without evidence of tainted counterparties.
October 5, 2026   Case Laws Income Tax
Specific penalty charges in notices are mandatory, while disputed salary disallowances may be limited after factual assessment.
October 5, 2026   Case Laws Income Tax
Faceless Penalty Scheme jurisdiction shifts to the Penalty Unit once operational, invalidating Assessment Unit cash-contribution penalties.
October 5, 2026   Case Laws Income Tax
Agreement-date stamp valuation requires the same registered property, fixed consideration, and qualifying payment; an unrelated prior booking cannot apply.
October 5, 2026   Case Laws Customs
Re-import exemption protects Indian-registered personal vehicles despite absent export clearance and permits manual Bill of Entry filing.
October 5, 2026   Case Laws Customs
Reverse burden for notified gold shifts to Revenue after lawful procurement records defeat the smuggling-based confiscation allegation.
October 5, 2026   Case Laws Customs
Transaction value rejection requires proof beyond NIDB data, while admitted quantity misdeclaration attracts customs duty and penalty.
October 5, 2026   Case Laws Customs
Tariff classification of DHA algae oil follows Chapter 15 where it remains an edible mixed fatty-acid oil.
October 5, 2026   Case Laws Customs
Optical transceiver classification distinguishes network interface components from complete Optical Transport Network products, preserving customs exemption eligibility.
October 5, 2026   Case Laws Companies Law
Whole-name comparison governs company-name rectification where an omitted letter leaves a name too similar to a registered trade mark.
October 5, 2026   Case Laws Money Laundering
Equivalent-value attachment under the PMLA may extend to property despite unproven lawful sources and pre-crime acquisition.

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Home › Highlights › VAT and Sales Tax › 2020 › December, 2020 › This
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VAT and Sales Tax

Stock Transfer - merger and amalgamation done under Section 391...

Merger u/ss 391 & 394: Transferee Company Inherits All Without Sale Certificate Due to 2016 Exemption Notification.

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VAT and Sales Tax December 25, 2020 Case Laws HC
Stock Transfer - merger and amalgamation done under Section 391 and 394 of the Indian Companies Act - In the present case the predecessor Company/transferor Company have been succeeded by the Revisionist/ transferee Company who had taken over its business along with assets, liabilities, profits and losses etc. The stock transferred as a result of amalgamation was not a sale requiring issuance of certificate by M/s. Ritesh Vyaapar Ltd. in favour of the Revisionist as per the Exemption Notification of 2016. - HC
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