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Income Tax

Madras High Court Rules Approved Gratuity Fund Provisions Allowable Deductions

The Madras High Court has clarified that provisions made for an approved gratuity fund qualify as a deductible expense under Section 40A(7)(b) of the Income Tax Act. This judicial interpretation offers significant relief to corporate taxpayers maintaining recognized employee benefit reserves. Finance professionals must review their client filings to ensure proper compliance and claim handling.

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Taxguru2m ago 1 min
Business

High Court Rules Flawed Arbitration Cannot Bypass Statutory Payments for Micro Enterprises

The Jammu and Kashmir High Court held that a flawed arbitration award under micro enterprise rules cannot override statutory payment obligations. A buyer remains legally bound to clear legitimate dues despite prior arbitral disputes. This protects smaller businesses from losing statutory protections through defective proceedings.

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Taxguru4m ago 1 min
Business

Kerala High Court Grants Bail In Drug Case Overlooking Section 37 Limits After 24-Hour Detention Breach

The Kerala High Court granted bail despite strict statutory limitations under Section 37 after authorities breached the twenty-four-hour detention limit. This ruling highlights the supremacy of fundamental personal liberty protections over special statute restrictions during procedural lapses. Legal practitioners dealing with narcotics cases must monitor initial custody timelines meticulously.

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Taxguru5m ago 1 min
GST

Karnataka High Court Rules Goods And Services Tax Appeals Cannot Be Dismissed For Non-Appearance Without Reasoned Findings

The Karnataka High Court held that tax authorities cannot dismiss appellate filings solely for non-appearance without issuing reasoned findings under Section 107(12) of the state tax statute. Appellate forums must examine the merits and record decisions on all determination points rather than issuing summary dismissals. Tax practitioners can challenge dismissal orders that lack substantive merits adjudication.

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Taxscan9m ago 1 min
Business

Kerala High Court Rules Twenty-Four-Hour Custody Limit Begins At Actual Detention Rather Than Arrest Memo

The Kerala High Court ruled that the twenty-four-hour custody countdown begins the moment an individual is physically detained, ignoring the later timestamp on the arrest memo. This judgment prevents authorities from bypassing procedural timelines through delayed documentation. Defense counsels must track the exact timestamp of initial physical restraint.

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Taxguru7m ago 1 min
Income Tax

National Company Law Tribunal Bengaluru Approves Voluntary Liquidation Despite Outstanding Tax Deducted at Source Demand

The Bengaluru bench of the National Company Law Tribunal permitted the voluntary liquidation and dissolution of a company despite an outstanding tax deducted at source demand of ₹53,300. The tribunal cleared the winding-up process while noting the tax liabilities. Liquidators and corporate advisors can navigate minor pending tax dues during dissolution proceedings under specific conditions.

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Taxguru9m ago 1 min
Business

National Company Law Tribunal Bengaluru Orders Dissolution Of Chanel India Business Solutions After Voluntary Liquidation

The National Company Law Tribunal in Bengaluru ordered the formal dissolution of Chanel India Business Solutions following the successful completion of its voluntary liquidation process. The winding-up concluded after the liquidator finalized all statutory procedures and asset distributions. Company boards and liquidators should follow the established closure steps for seamless corporate exits.

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Taxguru10m ago 1 min
Business

National Company Law Tribunal Mumbai Rules Central Government Can File Oppression Cases Only for Ongoing Public Interest Prejudice

The Mumbai bench of the National Company Law Tribunal ruled that the central government can initiate oppression and mismanagement proceedings only when prejudice to public interest is ongoing. Historical grievances that have already ceased do not provide valid grounds for government intervention under company law. Corporate litigators must establish continuous harm to sustain public interest actions.

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Taxguru12m ago 1 min
Income Tax Govt

Delhi Tribunal Upholds Denial of Charitable Registration Due to Unverified Cash Donations

The Income Tax Appellate Tribunal in Delhi upheld the denial of charitable registration under Section 12AB due to unverified cash donations and funding doubts. The bench observed that the trust failed to establish the genuineness of its activities and proper utilization of funds. Tax professionals must advise clients handling philanthropic entities to maintain strict documentation for all cash contributions.

Effective Not specified in the update

For professionals: ITAT Delhi upheld the denial of charitable registration under Section 12AB of the Income Tax Act to a trust due to unexplained cash donations and doubts regarding funding sources. Tax professionals must advise trusts seeking renewal of tax-exempt status to strictly substantiate financial trails and prove the genuineness of their charitable activities. Applications for renewal under Section 12AB now face rigorous background checks, physical verification of activities, and strict substantiation instead of being a procedural formality.

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Taxguru21m ago 1 min
CA Corner

CESTAT Chennai rules unflavoured betel nut falls under tariff heading 2106 90 30

The tribunal in Chennai ruled in favor of an importer regarding the correct classification of unflavoured betel nuts. The bench determined that the product belongs under Customs Tariff Heading 2106 90 30, rejecting the department's alternative classification attempt.

Effective Not specified in the update

For professionals: CESTAT Chennai upheld an importer's claim that unflavoured supari is properly classifiable under Customs Tariff Heading (CTH) 2106 90 30. · Customs consultants and import houses should note that this ruling reinforces adherence to precise product characteristics and established judicial precedents against aggressive reclassification attempts by revenue authorities.

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Taxguru22m ago 1 min
GST

Chhattisgarh High Court permits late Goods and Services Tax appeal on condition of depositing fifty percent of disputed demand

The Chhattisgarh High Court permitted a delayed Goods and Services Tax (GST) appeal, provided the petitioner deposits fifty percent of the disputed tax demand. This conditional relief allows taxpayers facing strict statutory limitations a practical judicial remedy. Professionals must carefully verify deposit receipts and compliance terms before approaching the court.

Effective Not specified in the update

For professionals: Tax professionals and corporate legal teams must immediately review pending litigation files to identify time-barred matters that might benefit from this Chhattisgarh High Court precedent · The ruling allows delayed Goods and Services Tax appeals to proceed subject to the taxpayer depositing fifty percent of the disputed demand amount · Assessees who previously faced a closed remedy after limitation periods lapsed can now evaluate approaching judicial avenues alongside fulfilling the fifty-percent pre-deposit condition

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Taxguru23m ago 1 min
GST

Hyderabad tribunal permits input tax credit claim of rupees sixty eight lakh fifty two thousand despite head error

The Hyderabad bench of the Goods and Services Tax Appellate Tribunal permitted a disputed input tax credit claim worth rupees sixty eight lakh fifty two thousand. The taxpayer had mistakenly claimed the amount under incorrect tax heads while filing returns. This ruling provides crucial relief to businesses facing technical reporting errors in tax filings.

Effective Not specified in the update

For professionals: Review pending departmental notices involving classification errors in past filings · Advise clients that genuine administrative classification errors should not invalidate a legitimate underlying tax credit · Maintain comprehensive documentation for all input tax credit claims

Scrips: ITC

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Taxguru23m ago 1 min

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