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Archive: 28 October 2025

Posts in 28 October 2025

ITAT Pune Upholds Additions on Demonetisation Cash & GP Estimation – Liquor Trader’s Appeal Dismissed

October 28, 2025 585 Views 0 comment Print

The Tribunal sustained the addition due to the AO’s rejection of the books under s.145, which was warranted by the assessee’s non-submission of separate purchase/sale and MRP details for country liquor and IMFL. The ITAT found the 10 estimated GP rate reasonable, falling within the normal range for the liquor trade, and confirmed the addition.

Revised Return After Detection Not Voluntary – ITAT Upholds 200% Misreporting Penalty

October 28, 2025 4902 Views 0 comment Print

ITAT Pune held that filing a revised return after the Department detects wrong deductions is not voluntary. Since the assessee acted only after detection, penalty u/s 270A(9) for misreporting was rightly imposed at 200% of tax.

Penny Stock Gains Upheld as Genuine – ITAT Quashes Reopening for Lack of Fresh Material

October 28, 2025 741 Views 0 comment Print

ITAT Pune held that reopening based on old investigation data was invalid where transactions were already verified under Section 153A. The Tribunal found the penny stock gains genuine as supported by Demat, bank, and STT records.

Section 16(4) & Bill of Entry: Decoding Legislative Silence on Limitation

October 28, 2025 6528 Views 1 comment Print

GST’s Section 16(4) sets an ITC claim deadline for invoices/debit notes. This summary analyzes why the limit does not extend to Bills of Entry for IGST on imports.

GSTN Advisories October 2025: IMS Updates, Annual Returns & Warehouse Registration Clarifications

October 28, 2025 2052 Views 0 comment Print

GSTN issued advisories in October 2025 on IMS, annual returns, importer registration, and ITC changes, clarifying return filing, credit notes, and warehouse registration requirements.

From Insolvency to Possession: A New Hope for Homebuyers Through Reverse CIRP

October 28, 2025 858 Views 0 comment Print

Reverse CIRP, a judicial innovation, allows developers to fund project completion to protect homebuyers in insolvency, shifting focus from liquidation to home delivery.

CAAR Delhi Classifies 5G Spectrum Analysers as Telecom Equipment Under Tariff 90304000

October 28, 2025 546 Views 0 comment Print

CAAR Delhi held that Spectrum Analysers designed for 3GPP/LTE/5G NR telecom testing are specially designed for telecommunications and must be classified under Customs Tariff Item 9030 40 00. The ruling rejects departmental claims of general-purpose use and reaffirms the principle that a specific tariff entry prevails over a residuary one.

R&S CMA180 Radio Test Set classifiable as Telecom Equipment under Heading 90304000: CAAR Delhi

October 28, 2025 549 Views 0 comment Print

CAAR Delhi holds that the R&S® CMA180 Radio Test Set, designed for testing two-way radios and communication systems, is “specially designed for telecommunications” and must be classified under CTI 9030 40 00, rejecting the department’s claim for general-purpose classification.

Lawyer’s Office in Residential Basement Not a Commercial Activity under NDMC Act: Delhi HC

October 28, 2025 729 Views 0 comment Print

Lawyer’s office constituted a professional, not commercial, activity, and use of an air-conditioned basement for such purpose did not violate Section 252 of the NDMC Act when consistent with MDP 2001 and Building Byelaws, 1983.

5G Vector Tester under Specific Telecom Equipment fall under HSN 90304000: CAAR Delhi

October 28, 2025 381 Views 0 comment Print

Rohde & Schwarz India sought an Advance Ruling on classifying the PVT 360A Performance Vector Tester under Customs Tariff Item (CTI) 9030 40 00 (specially designed for telecommunications) for nil Basic Customs Duty (BCD), instead of the residual CTI 9030 89 90 (other instruments).

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