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Archive: 04 October 2025

Posts in 04 October 2025

Assessment passed u/s. 143(3) is invalid since proceedings were initiated u/s. 153C

October 4, 2025 975 Views 0 comment Print

ITAT Delhi held that regular assessment order passed under section 143(3) of the Income Tax Act without aid of section 153C despite satisfaction note from AO of searched person is not supportable in law. Thus, assessment framed u/s. 143(3) is void ab-initio.

Principal-to-Principal Service is Export, Not Intermediary: Rajasthan HC

October 4, 2025 1287 Views 0 comment Print

Rajasthan HC rules bilateral contracts with a foreign entity are ‘export of services,’ not ‘intermediary’ under GST, entitling the Indian supplier to an IGST refund.

GST Refund with Interest Allowed for Wrongly Adjusted Cancelled Liability

October 4, 2025 627 Views 0 comment Print

The Delhi High Court mandates refund with statutory interest when a taxpayer’s GST refund is wrongly adjusted against an outstanding liability that was subsequently cancelled.

Variability in Tax Liability on Property Acquisition in India

October 4, 2025 1368 Views 0 comment Print

Summary of Indian real estate taxes: State stamp duty (5–7%) and registration fees, Central GST on under-construction property, 1% TDS on sales over ₹50L, and Capital Gains rules.

Project Import Regulations not violated when auxiliary equipment re-deployed post project completion

October 4, 2025 399 Views 0 comment Print

CESTAT Mumbai held that re-deployment of auxiliary equipment post completion of project doesn’t amount to violation of Project Import Regulations, 1986. Accordingly, appeal allowed and impugned order is set aside.

Vague Accumulation Purpose Not Fatal, ITAT Upholds Section 11(2) Benefit

October 4, 2025 567 Views 0 comment Print

The tribunal ruled that stating “for objects of the trust” in Form 10 is sufficient if supported by a Board Resolution specifying use for scholarships. Disallowance by CIT(A) was set aside, highlighting substance over form in charitable trusts.

Provisional GST Attachment Invalid After One Year: Delhi High Court

October 4, 2025 615 Views 0 comment Print

The Delhi High Court, citing Section 83(2) of the CGST Act, 2017 and judicial precedent, ordered the lifting of the provisional attachment on M/s Kanta Food Product’s bank account.

NCLAT Allows Restoration of IBC Case Despite Revival Clause Absence in Settlement

October 4, 2025 1293 Views 0 comment Print

NCLAT Delhi sets aside NCLT order, ruling that an insolvency petition can be restored upon settlement breach if the NCLT’s initial order granted liberty for revival, regardless of the MoU’s terms.

HC Orders ITAT to Decide Tax Appeals on Merits Despite Locus Standi Issue

October 4, 2025 762 Views 0 comment Print

The Delhi High Court remanded two appeals filed by the Union of India (UoI) back to the ITAT for a decision on the merits, after the UoI claimed locus standi for the disbanded Commonwealth Games 2010 Committee.

Delay in Filing Income Tax Appeal Condoned Despite Ex Parte Order

October 4, 2025 597 Views 0 comment Print

ITAT Agra condoned a 9-day delay in filing an appeal for AY 2017-18, setting aside the CIT(A)’s ex parte dismissal. The Tribunal prioritized substantial justice over technicalities.

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