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    August 17, 2026   Case LawsGST
    Judicial review of interim tender clarification was premature until the authority considered bidder responses and made a reasoned bid decision.
    August 17, 2026   Case LawsGST
    Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
    August 17, 2026   Case LawsGST
    GST portal-only notice after registration cancellation is invalid; fresh adjudication requires lawful service and hearing opportunity.
    August 17, 2026   Case LawsGST
    Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
    August 17, 2026   Case LawsGST
    Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
    August 17, 2026   Case LawsGST
    Portal-only service of GST show cause notice cannot sustain ex parte adjudication without effective opportunity to respond.
    August 17, 2026   Case LawsGST
    Statutory appellate remedy for GST registration cancellation was restored, requiring merits review without limitation-based rejection.
    August 17, 2026   Case LawsGST
    Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
    August 17, 2026   Case LawsGST
    Plastic twine classification as an other article of plastics places polypropylene and polyethylene sutli under the applicable GST rate.
    August 17, 2026   Case LawsGST
    Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
    August 17, 2026   Case LawsIncome Tax
    Bright Line Test cannot support transfer pricing adjustments for advertising, marketing and promotion expenses under the established legal position.
    August 17, 2026   Case LawsIncome Tax
    Constitutional immunity for State-controlled conservation bodies prevents income-tax assessment and invalidates bank-account attachment for recovery.
    August 17, 2026   Case LawsIncome Tax
    Reassessment after scrutiny fails where amended partnership deed and gold-pricing objections were not properly examined during original assessment.
    August 17, 2026   Case LawsIncome Tax
    Direct nexus of borrowings to investments limits dividend-income interest deductions, while notional income on business security deposits is excluded.
    August 17, 2026   Case LawsIncome Tax
    Goodwill depreciation and employee stock option reimbursement deductions sustained under consistent prior-year treatment and absent distinguishing fac...
    August 17, 2026   Case LawsIncome Tax
    Duplicate substantive additions cannot survive where seized-ledger amounts were already taxed in the acknowledged owner's hands.
    August 17, 2026   Case LawsIncome Tax
    Anonymous donations of registered trusts are taxed under the specific statutory regime, not as unexplained cash credits.
    August 17, 2026   Case LawsIncome Tax
    Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
    August 17, 2026   Case LawsIncome Tax
    Profit attribution beyond arm's length remuneration applies where a dependent agency performs functions omitted from the transfer-pricing analysis.
    August 17, 2026   Case LawsIncome Tax
    Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
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    August 17, 2026   Case Laws GST
    Judicial review of interim tender clarification was premature until the authority considered bidder responses and made a reasoned bid decision.
    August 17, 2026   Case Laws GST
    Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fide disputes.
    August 17, 2026   Case Laws GST
    GST portal-only notice after registration cancellation is invalid; fresh adjudication requires lawful service and hearing opportunity.
    August 17, 2026   Case Laws GST
    Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through writ proceedings.
    August 17, 2026   Case Laws GST
    Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debit.
    August 17, 2026   Case Laws GST
    Portal-only service of GST show cause notice cannot sustain ex parte adjudication without effective opportunity to respond.
    August 17, 2026   Case Laws GST
    Statutory appellate remedy for GST registration cancellation was restored, requiring merits review without limitation-based rejection.
    August 17, 2026   Case Laws GST
    Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collection rules.
    August 17, 2026   Case Laws GST
    Plastic twine classification as an other article of plastics places polypropylene and polyethylene sutli under the applicable GST rate.
    August 17, 2026   Case Laws GST
    Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as reservation services.
    August 17, 2026   Case Laws Income Tax
    Bright Line Test cannot support transfer pricing adjustments for advertising, marketing and promotion expenses under the established legal position.
    August 17, 2026   Case Laws Income Tax
    Constitutional immunity for State-controlled conservation bodies prevents income-tax assessment and invalidates bank-account attachment for recovery.
    August 17, 2026   Case Laws Income Tax
    Reassessment after scrutiny fails where amended partnership deed and gold-pricing objections were not properly examined during original assessment.
    August 17, 2026   Case Laws Income Tax
    Direct nexus of borrowings to investments limits dividend-income interest deductions, while notional income on business security deposits is excluded.
    August 17, 2026   Case Laws Income Tax
    Goodwill depreciation and employee stock option reimbursement deductions sustained under consistent prior-year treatment and absent distinguishing facts.
    August 17, 2026   Case Laws Income Tax
    Duplicate substantive additions cannot survive where seized-ledger amounts were already taxed in the acknowledged owner's hands.
    August 17, 2026   Case Laws Income Tax
    Anonymous donations of registered trusts are taxed under the specific statutory regime, not as unexplained cash credits.
    August 17, 2026   Case Laws Income Tax
    Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking methods.
    August 17, 2026   Case Laws Income Tax
    Profit attribution beyond arm's length remuneration applies where a dependent agency performs functions omitted from the transfer-pricing analysis.
    August 17, 2026   Case Laws Income Tax
    Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is established.

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      Home› Highlights › Income Tax › 2022 › September, 2022 › This
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      Income Tax

      Rate of tax - 20% or 30% - share of depreciable assets - In the...

      Assessing Officer Applies 30% Tax Rate on Capital Gains, Classifying Depreciable Assets as Short-Term u/s 50.

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      Income TaxSeptember 28, 2022Case LawsAT
      Rate of tax - 20% or 30% - share of depreciable assets - In the present case, it is not the plea of the Revenue that the property from which the capital gains arose was held by the assessee for less than three years. The Assessing Officer only by application of provisions of section 50 of the Act treated the gains as arisen from transfer of short term capital asset and hence applied the rate of tax @ 30% as applicable in case of short term capital gain. - AT
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