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Archive: 04 November 2025

Posts in 04 November 2025

Refund claim of excess CVD filed after one year is rejected as time barred

November 4, 2025 411 Views 0 comment Print

CESTAT Delhi held that refund claim of excess CVD paid after completion of one year from date of payment of duty as well as the date of relevant judgement is barred by limitation. Accordingly, appeal of assessee dismissed.

ITAT Delhi Allows Carry Forward of Capital Loss on Sale of Shares Despite Section 10(38) Exemption

November 4, 2025 447 Views 0 comment Print

The ITAT upheld the classification of a Rs.5 crore loss on the sale of shares as a capital loss, not a business loss, because the NBFC consistently held the shares as non-current investments for over three years. The Tribunal emphasized that the assessee’s accounting treatment and the mandated sale under Supreme Court directions confirmed the investment motive.

Proceedings u/s. 95 of IBC not vitiated as demand notice duly served to personal guarantors

November 4, 2025 486 Views 0 comment Print

NCLAT Chennai held that demand notice has been duly served on the personal guarantors and hence proceedings under section 95 of the Insolvency and Bankruptcy Code, 2016 cannot be said to be vitiated. Accordingly, order quashed and proceedings remanded back.

Stay Rejected for Non-Payment of 20% Demand: Madras HC Upholds CBDT Guidelines

November 4, 2025 831 Views 0 comment Print

Rejecting the petitioner’s request to keep recovery in abeyance, the Madras HC directed the assessee to comply with the mandatory 20% pre-deposit for AY 2019-2020. Failure to pay will result in the initiation of coercive recovery measures.

AP High Court Quashes GST Assessment Order Issued Without DIN

November 4, 2025 687 Views 0 comment Print

The Andhra Pradesh High Court set aside a GST show-cause notice and assessment order, ruling them invalid due to the mandatory absence of a DIN. The Tax Department must conduct a fresh assessment after assigning a DIN.

Delay in filing appeal condoned as plausible and sufficient cause shown

November 4, 2025 444 Views 0 comment Print

ITAT Bangalore held that delay in filing of appeal due to non-registration on Income Tax portal and non-receipt of notices are plausible and sufficient cause show. Accordingly, delay condoned and appeal restored back for fresh consideration.

Delhi HC Quashes Reassessment Based on New Grounds Not Mentioned in 148A(b) Notice

November 4, 2025 681 Views 0 comment Print

Reassessment based on a new Permanent Establishment (PE) ground, which was absent from the initial notice, was quashed by the Delhi High Court. The court ruled that tax authorities must adhere strictly to the grounds stated in the statutory notice.

Levy of 234E Fee Through Section 200A Intimation Before 01.06.2015 Not Sustainable

November 4, 2025 312 Views 0 comment Print

ITAT Chennai allowed the appeal of MLS Enterprises for statistical purposes, subject to a ₹10,000 cost, restoring the matter to the CIT(A). The central issue is the prospective nature of the Section 234E penalty levied under Section 200A.

ICAI Establishes New Branches in Bhiwadi and Morbi

November 4, 2025 525 Views 0 comment Print

ICAI has notified new branches at Bhiwadi and Morbi and renamed the Ahmednagar Branch as Ahilyanagar Branch, effective from October 8, 2025.

ITAT Remands Assessment Due to Missing DIN in Order Body

November 4, 2025 405 Views 0 comment Print

The ITAT sent a tax assessment case back to the CIT(A) for reconsideration, citing the assessee’s claim of DIN absence in the assessment order. The appellate authority must now adjudicate on both the merits and the CBDT Circular No. 19/2019 compliance.

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