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Archive: 21 October 2025

Posts in 21 October 2025

Partner Salary Disallowance Set Aside Pending Factual Verification by ITAT

October 21, 2025 444 Views 0 comment Print

ITAT Mumbai sends a lakh partner remuneration disallowance case back to AO for re-verification. The disallowance hinged on classifying property sale profit as capital gain.

GST Recovery from Electronic Credit Ledger Upheld by Chhattisgarh HC

October 21, 2025 576 Views 0 comment Print

Chhattisgarh High Court upheld the recovery of GST dues from Shivam Metallurgicals’ Electronic Credit Ledger (ECRL) under Section 79(1)(a) after the assessee failed to pay the demand within the stipulated time.

GST Appeal Cannot Be Dismissed for Want of Certified Copies: Jharkhand HC

October 21, 2025 363 Views 0 comment Print

Jharkhand High Court sets aside a GST appeal rejection based on ‘non-receipt of certified copies,’ deeming it ‘hyper technical.’ Appellate authority must now decide the case on merits.

Form 10BB Delay Due to CA’s Error: Bombay HC Allows Condonation

October 21, 2025 447 Views 0 comment Print

Bombay High Court condones 81-day delay by Institute of Actuaries of India in filing Form 10BB, holding denial of exemption unjust for minor procedural lapse.

Interest on Disputed Tax is Covered by Vivad Se Vishwas Scheme: Karnataka HC

October 21, 2025 279 Views 0 comment Print

The Karnataka High Court dismissed the Revenue’s appeal, ruling that the definition of tax arrear under the Direct Tax Vivad Se Vishwas Act, 2020, explicitly covers interest charged under Sections 234A, 234B, and 234C, provided it relates to the disputed tax.

ITAT Mumbai Nullifies Reassessment Due to Approval from PCIT Instead of PCCIT After 3 Years

October 21, 2025 501 Views 0 comment Print

The ITAT Mumbai set aside a reassessment for A.Y. 2017-18, ruling that the mandatory prior approval for a notice issued after three years must come from the PCCIT, not the PCIT. Citing Bombay HC precedents, the Tribunal deemed the order a legal nullity.

ITAT Mumbai Remands Bad Debt Disallowance for Fresh Verification U/s. 36(1)(vii)

October 21, 2025 264 Views 0 comment Print

Tribunal held that CIT(A) deleted bad debt disallowance without verifying Section 36(2) compliance. Case remanded to AO for fresh adjudication after granting assessee fair opportunity.

ITAT Pune Restores 12AB Registration Application Rejected Without Fair Hearing

October 21, 2025 324 Views 0 comment Print

The ITAT Pune set aside the rejection of ZLS Foundation’s S.12AB charitable registration application, ruling that the CIT(E) must provide a final opportunity to address specific defects (like lack of beneficiary details and community focus), upholding natural justice.

No GST Applicable When Equipment/Vehicle Is Sent for Repair: Allahabad HC

October 21, 2025 4314 Views 0 comment Print

Allahabad High Court rules that GST cannot apply to goods sent for repair, quashing seizure and penalty imposed on hydraulic excavator under Section 129.

Non-Filing of Part-B of E-Way Bill a Technical Lapse, Not Tax Evasion: Allahabad HC

October 21, 2025 513 Views 0 comment Print

The Allahabad High Court set aside a GST penalty under Section 129, ruling that the mere absence of Part-B of an e-way bill is a technical breach, not an intention to evade tax, citing the Fiserv precedent.

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