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Archive: 23 September 2025

Posts in 23 September 2025

Non-Issuance of State Notifications: Can GST Rates Differ Between Centre & States?

September 23, 2025 837 Views 0 comment Print

Discover why states must issue notifications for GST rate changes. The GST Council’s recommendations are binding, ensuring a uniform tax regime across India.

GST on Frozen Peas Storage: Uttarakhand AAR Rejects Repeated Ruling Request

September 23, 2025 618 Views 0 comment Print

The GST Authority for Advance Ruling (AAR) in Uttarakhand refused to admit an application from Stellar Cold Chain Inc., which sought a ruling on whether the storage of frozen peas is exempt from GST.

GST Anti-Profiteering Case: No ITC Benefit Profiteering by Theco India

September 23, 2025 630 Views 1 comment Print

The Goods and Services Tax Appellate Tribunal (GSTAT) rules on a GST anti-profiteering case, reducing the Directorate General of Anti-Profiteering’s (DGAP) profiteering claim of ₹1.49 crore against Theco India Pvt. Ltd. This case examines the obligation to pass on Input Tax Credit (ITC) benefits to consumers under Section 171 of the CGST Act.

Time-Barred Reassessment Notices Quashed: Limitation Period Enforced

September 23, 2025 1269 Views 0 comment Print

ITAT Delhi ruled that reassessment notices issued in July 2022 for AYs 2015-16 and 2016-17 were barred by limitation, citing a Supreme Court precedent.

ITAT Ahmedabad Quashes 270A Penalty on Deemed Income u/s 56(2)(x)

September 23, 2025 1824 Views 0 comment Print

The ITAT Ahmedabad has ruled that a penalty under Section 270A cannot be automatically imposed for an addition made under the deemed provisions of Section 56(2)(x). The Tribunal quashed a penalty on a taxpayer who purchased property below stamp duty value, stating such additions do not constitute under-reporting of income.

Addition u/s 68 Must Match Relevant Year – Premium Deleted, Capital Issue Remanded

September 23, 2025 261 Views 0 comment Print

In Aadinath Gems Vs ITO, ITAT Mumbai deleted an unexplained cash credit addition under Section 68 for an amount from a prior year, while remanding the share application money dispute to the AO for fresh verification.

No Double Taxation – Perquisites Taxed in Director’s Hands – ITAT Deletes Disallowance u/s 37

September 23, 2025 393 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Delhi, in the case of Dalmia (Bros) Pvt. Ltd. vs DCIT, ruled that expenses on vehicle maintenance and club fees, when taxed as perquisites in the hands of directors and employees,

AO Cannot Reject Books merely for Fall in GP/NP Rates: ITAT Delhi

September 23, 2025 549 Views 0 comment Print

The ITAT Delhi dismissed the revenue’s appeal against D&Y Technologies, confirming that the Assessing Officer cannot reject a company’s books of account based solely on a decline in profit rates or disallow director’s salary without evidence that the payment was not for business purposes.

No Extra 14A Disallowance When Suo-Moto Exceeds Exempt Income: ITAT Mumbai

September 23, 2025 357 Views 0 comment Print

The ITAT Mumbai ruled in favor of Bennett Coleman & Co. Ltd., holding that a further Section 14A disallowance is unwarranted when the assessee’s own disallowance exceeds the exempt income.

Reassessment on Illiquid Derivatives Set Aside as notice was time-barred

September 23, 2025 612 Views 0 comment Print

The ITAT Mumbai ruled in favor of Nilesh Shirish Mehta, setting aside a reassessment order for AY 2015-16. The tribunal found the Section 148 notice, issued after April 1, 2021, to be time-barred and invalid based on concessions made by the Department before the Supreme Court in the case of Union of India v. Rajeev Bansal.

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