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Archive: 24 October 2025

Posts in 24 October 2025

Sale of Leasehold Property Not Hit by Section 50C & Full 54G Exemption Allowed: ITAT Grants Complete Relief to Assessee

October 24, 2025 1026 Views 0 comment Print

The ITAT granted complete relief, holding that the date of allotment of the new industrial plot, not the date of registration, is the relevant date of purchase for the Section 54G capital gains exemption. Furthermore, the court confirmed that the transfer of industrial property from Delhi (Urban) to Ghaziabad (Non-Urban) qualified for the full shifting exemption.

IGST Rule Updated on Nominated Agency Definition

October 24, 2025 927 Views 0 comment Print

Finance Ministry revises IGST rules; new notification updates the definition of “Nominated Agency” effective from November 1, 2025.

ITAT Delhi deletes TDS demand – Repair/Replacement of spare parts is NOT Fees for Technical Services

October 24, 2025 585 Views 0 comment Print

This landmark ITAT Delhi decision clarifies the scope of Fees for Technical Services, stating that routine repair and replacement work, even with incidental installation by a foreign vendor, does not meet the FTS criteria. The Tribunal deleted the consequential TDS demand, emphasizing that the payment was for commercial profit, supported by precedents on routine maintenance.

Finance Ministry Amends Key Customs Notifications wef 01st November 2025

October 24, 2025 1614 Views 0 comment Print

Finance Ministry updates multiple Customs notifications under the 1962 Act, aligning earlier amendments; changes effective from November 1, 2025.

CGST Rate: Nominated Agency Definition Amended (Nov 1, 2025)

October 24, 2025 1875 Views 0 comment Print

GST notification updates the definition of Nominated Agency in Notification No. 26/2018-CT (Rate). The new definition refers to Lists 13, 14, and 15 of Customs Notification No. 45/2025. This change takes effect from November 1, 2025.

No Fresh 80-IA Claim Allowed in 153A Return for Completed Assessment

October 24, 2025 312 Views 0 comment Print

Hyderabad ITAT dismissed an appeal, holding that a construction company couldn’t use the Section 153A assessment process, triggered by a search, to claim a Section 80-IA deduction it had omitted in its original return. Following the Supreme Court’s Shelly Products ratio, the Tribunal affirmed that the assessed income cannot be less than the income originally returned when the assessment was complete.

Appeal Cannot Be Dismissed Merely for Two PANs; ITAT Remands Case

October 24, 2025 336 Views 0 comment Print

The ITAT Hyderabad ruled that an appeal cannot be dismissed merely because the assessment was framed under an old PAN and the appeal filed under a new, active PAN. The Tribunal set aside the CIT(A)’s order and remanded the case to the AO to verify the source of cash deposits of Rs. 85.31 lakh, allowing the assessee to prove the amounts were already accounted for as business receipts.

Digital Press is a Computer: ITAT Grants 60% Depreciation

October 24, 2025 444 Views 0 comment Print

The central issue was the correct depreciation rate for the HP Indigo Digital Press. ITAT Mumbai ruled the printer is an integral part of a computer system due to its reliance on interface and proprietary software, thus allowing the higher 60% depreciation rate. This ruling confirms that machines functionally dependent on a computer system qualify for the higher depreciation applicable to ‘computers’.

RBI Draft Directions Issued for Capital Market, NBFC Rules

October 24, 2025 570 Views 0 comment Print

RBI issued draft directions on Capital Market Exposure for banks and amendments to NBFC Scale-Based Regulation, inviting public and stakeholder comments by November 21, 2025.

FTC Eligibility Upheld: ITAT Confirms Form 67 Due Date Amendment

October 24, 2025 678 Views 0 comment Print

The core issue was the denial of Foreign Tax Credit (FTC) due to two contradictory CIT(A) orders, one of which cited the late filing of Form 67. The ITAT ruled that since Form 67 was filed before the end of the Assessment Year as per the amended Rule 128(9), the assessee is entitled to the FTC. This decision confirms the extended time limit for filing Form 67 and upholds the principle that one appellate authority cannot overrule a final order of another appellate authority for the same year.

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