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Archive: 22 August 2025

Posts in 22 August 2025

GST Registration Cancellation Without Hearing Quashed by Allahabad HC

August 22, 2025 639 Views 0 comment Print

Allahabad High Court sets aside a GST registration cancellation, citing violations of natural justice, including improper notice and lack of a hearing.

ITAT Delhi on Default under Section 201 & its Impact on Disallowance u/s 40(a)(ia)

August 22, 2025 1317 Views 0 comment Print

ITAT Delhi rules on TDS default. If the payee pays tax, the deductor isn’t in default, preventing disallowance under Section 40(a)(ia) but not interest.

SC Sets Aside Redemption Fine for No Breach of Bonded Warehouse Licence conditions

August 22, 2025 690 Views 0 comment Print

The Supreme Court upheld the Bombay High Court’s decision to set aside penalties against Ganesh Benzoplast, affirming that no breach occurred in its bonded warehouse.

GST Provisional Attachment: One-Year Limit, No Re-issuance – SC

August 22, 2025 1599 Views 0 comment Print

The Supreme Court ruled that GST provisional attachments lapse after one year and can’t be reissued on the same grounds, upholding statutory limits over executive action.

Challenge to remand order of Tribunal wouldn’t survive for further consideration: Writ disposed of

August 22, 2025 306 Views 0 comment Print

Karnataka High Court held that challenge by revenue to the order of remand passed by Tribunal wouldn’t survive for further consideration hence appeal disposed of and question of taxability of software fees under DTAA not answered.

Electricity connection cannot be withheld after settlement of claims on distribution of liquidation estate

August 22, 2025 408 Views 0 comment Print

NCLT Mumbai held that the claims of electricity department stand settled on distribution of liquidation estate by the liquidator. Hence, withholding of electricity connection due to payment of dues prior to issuance of sale certificate not justified.

Bail granted as recovered Ganja is marginally above threshold of commercial quantity under NDPS Act

August 22, 2025 1098 Views 0 comment Print

Delhi High Court held that strict application of rigours of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] not justified since quantity of Ganja recovered is marginally above threshold of commercial quantity under NDPS Act. Accordingly, bail application allowed.

Writ in matter of availment of fraudulent GST ITC not entertained due to availability of appellate remedy

August 22, 2025 495 Views 0 comment Print

Delhi High Court held that writ involving matter of availment of fraudulent Input Tax Credit [ITC] under GST not entertained since due to availability of appellate remedy as the matter involves several factual issues and the concept of ITC by itself involves a series of transactions.

TDS u/s. 194J not deductible on payment of Franchise Expense by liquor company

August 22, 2025 1137 Views 0 comment Print

ITAT Jaipur held that TDS u/s. 194J of the Income Tax Act doesn’t apply to payment made by liquor company towards brand under the head ‘Franchise Expenses’ since the same is not in nature of ‘royalty’ or ‘Fees for Technical Services’. Accordingly, appeal of revenue dismissed.

Share Premium Valuation: ITAT Delhi Upholds DCF Valuation, Deletes ₹46 Cr Addition

August 22, 2025 555 Views 0 comment Print

The ITAT Delhi ruled in favor of an assessee, stating the AO cannot reject a Discounted Cash Flow (DCF) valuation report merely because future projections didn’t match actual performance.

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