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Archive: 28 July 2025

Posts in 28 July 2025

MEIS scrip can be cancelled even if validity period has expired: Madras HC

July 28, 2025 855 Views 0 comment Print

Madras High Court held that the Merchandise Exports Incentive Scheme (MEIS) scrip can be cancelled even if the scrips are availed off and the validity period of 24 months has expired. Accordingly, matter is remanded back to enable authority to apply its mind.

Surplus funds of charitable institution can be used only for charitable activity

July 28, 2025 942 Views 0 comment Print

ITAT Chandigarh held that surplus funds of a charitable institution are being held in a fiduciary capacity hence can never be used for any other purpose except for charitable activity. Accordingly, matter remanded back to AO for fresh adjudication.

SEBI provisions doesn’t mandate issuance of separate demand notice before recovery

July 28, 2025 522 Views 0 comment Print

The adjudication is conducted as per the mechanism outlined under SEBI Act and the rules framed thereunder. Notably, the provisions of the SEBI Act or its rules do not mandate the issuance of a separate demand notice before recovery.

Provisional release of second-hand digital MFDs granted based on benefit of doubt principle

July 28, 2025 726 Views 0 comment Print

In the case on hand, the petitioners claim that MFDs are freely importable items, whereas the Customs Department claims that they are restricted items which require certification from Bureau of Indian Standards (BIS) and prior authorisation from DGFT, before importing them.

GST: No Right to Cross-Examine Officer Issuing Summons or Arrest Memo

July 28, 2025 903 Views 0 comment Print

Gujarat High Court held that departmental officers who issued summons or arrest memo are not required to be cross-examined by the petitioner. Accordingly, non-granting cross-examination to that extent is justifiable.

Penalty u/s. 270A(9)(a) cannot be sustained as specific instance of misreporting not stated

July 28, 2025 1689 Views 1 comment Print

ITAT Delhi held that imposition of penalty u/s. 270A(9)(a) of the Income Tax Act without mentioning the specific instance of misreporting in the notice or in order will vitiate the penalty order. Accordingly, penalty deleted and appeal allowed.

Chhattisgarh HC Allows GST Appeal Against Ex-Parte Orders

July 28, 2025 735 Views 0 comment Print

Chhattisgarh HC grants liberty to petitioner to file appeal against GST orders, directs appellate authority not to reject on limitation grounds if filed within 30 days.

Madras HC quashes GST assessment order due to denial of personal hearing

July 28, 2025 384 Views 0 comment Print

Madras High Court sets aside tax order against Sri Srinivasa Farm Service, citing violation of natural justice. Court mandates fresh hearing, consideration of replies, and bank account de-freeze.

Delay Miscalculated, NFAC Must Rehear Appeal on Grants, Interest Income

July 28, 2025 273 Views 0 comment Print

ITAT Ahmedabad holds NFAC wrongfully dismissed appeal on delay; remands case involving ₹213 Cr additions on grants and accrued interest.

Taxability of service receipt in terms of India-Thailand DTAA needs fresh consideration: ITAT Delhi

July 28, 2025 330 Views 0 comment Print

ITAT Delhi held that taxability of service receipt amounts in terms of India- Thailand DTAA needs fresh consideration since relevant documents are not submitted. Accordingly, appellant is directed to submit all the details before DRP.

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