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Archive: 11 September 2025

Posts in 11 September 2025

Revision action u/s. 263 cannot be taken as AO has applied his mind

September 11, 2025 351 Views 0 comment Print

ITAT Chennai held that invocation of revisionary proceedings under section 263 of the Income Tax Act not justified as AO has applied his mind and revision u/s. 263 cannot be possible for mere change of opinion. Accordingly, appeal allowed.

Adhoc disallowance of expenses merely on the basis of suspicion is not tenable

September 11, 2025 795 Views 0 comment Print

ITAT Chennai held that adhoc disallowance of expenses merely on the basis of suspicion without adequate evidence and cogent reason is not tenable in law. Accordingly, adhoc disallowance under repair and maintenance and sundry expense set aside.

ITC Allowed on Steel Supports for Cranes & HVAC, Denied on Civil Works: AAR Tamil Nadu

September 11, 2025 789 Views 0 comment Print

AAR Tamil Nadu held that ITC is eligible only on structural steel supports for cranes and HVAC in Shibaura Machine India case; ITC on civil works and PEB sheeting disallowed.

Punjab & Haryana HC Dismisses Travel Petition Under PMLA as Infructuous

September 11, 2025 261 Views 0 comment Print

The Punjab and Haryana High Court dismissed the Enforcement Directorate’s petition challenging Lalit Goyal’s travel, as the issue was rendered moot.

Consultation for outpatients exempt from GST but medicines taxable: AAR Tamilnadu

September 11, 2025 477 Views 0 comment Print

GST AAR rules consultation services for outpatients are exempt, but medicines sold to them are taxable as they are not a composite supply.

Ash bricks attract 12% GST with ITC or 6% without ITC: AAR Tamilnadu

September 11, 2025 1419 Views 0 comment Print

Tamil Nadu’s GST Authority for Advance Ruling has clarified the GST treatment for fly ash bricks, addressing their HSN code, applicable tax rates, ITC eligibility, and the inapplicability of reverse charge and composition schemes.

ISD Registration Mandatory for Common ITC Distribution from 1st April 2025

September 11, 2025 1197 Views 0 comment Print

The Tamil Nadu Authority for Advance Ruling (AAR) has held that MRF Limited can no longer use the cross-charge mechanism for distributing Input Tax Credit (ITC) for common input services. This ruling follows amendments to the CGST Act. 

Order set aside as ALP re-adjusted without passing of Draft Assessment Order u/s. 144C

September 11, 2025 321 Views 0 comment Print

Karnataka High Court held that re-adjustment of ALP without passing a Draft Assessment Order as required under section 144C of the Income Tax Act is not tenable in law. Accordingly, order passed thereon is void ab initio.

Delhi HC: No CESTAT Appeal Without Pre-Deposit, Waiver Denied

September 11, 2025 537 Views 0 comment Print

Delhi High Court held that CESTAT does not have the power to admit appeal without the pre-deposit. However, since this is not a rare case necessitating interference, this court has not granted waiver from pre-deposit.

PCIT Cannot Revise When AO Took Possible View-10% Tolerance u/s 43CA Applies Retrospectively

September 11, 2025 204 Views 0 comment Print

ITAT Pune rules that PCIT cannot revise an assessment under Section 263 if the AO took a plausible view. The 10% tolerance limit under Section 43CA is retrospective.

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