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Archive: 08 November 2025

Posts in 08 November 2025

CIT(E) Cannot Reject 12AB Registration Based on Profit or Financial Analysis

November 8, 2025 3192 Views 0 comment Print

ITAT Chennai ruled that the CIT(E)’s scope for Section 12AB registration is limited to verifying charitable objects and activity genuineness, not conducting a full assessment of commercial income. The Tribunal directed the grant of registration.

Penalty Proceedings to Wait Till TDS on Foreign Freight Issue Decided: Madras HC

November 8, 2025 438 Views 0 comment Print

The Madras High Court held that recovery of penalty under Section 271(1)(c) shall remain stayed when the main income tax appeal involving related issues has been admitted by the court.

CESTAT Mumbai Quashes ₹2.44 Crore Customs Demand for Lack of Proof Against Thai-Origin Goods

November 8, 2025 795 Views 0 comment Print

The issue was whether customs could deny AIFTA duty exemption for ten consignments based only on irregularities found in a separate, single import. The CESTAT set aside the duty demand, holding that the exemption cannot be denied without a finding on the authenticity or validity of the individual Certificate of Origin (COO).

Department cannot recover Income tax or adjust refunds during subsistence of stay order

November 8, 2025 1134 Views 0 comment Print

The Bombay High Court ruled that the Assessing Officer’s steps under Section 148A, taken despite a continuing stay order, were illegal and directed refund adjustment amounts to be deposited in court.

TDS on CAM Charges Liable at 2% Under Section 194C, Not as Rent: ITAT Delhi

November 8, 2025 975 Views 0 comment Print

The Tribunal found that CAM payments are contractual in nature and not for use of property, making 2% TDS deduction under Section 194C appropriate.

ITAT condoned delay in appeal filing due to bona fide mistake of tax consultant

November 8, 2025 1245 Views 0 comment Print

In a ruling on non-maintainability, the ITAT found the CIT(E) erred by cancelling the society’s 12A(1)(ac) application merely through an intimation without granting a mandatory hearing. The case has been sent back for a decision on merits.

Delhi HC Quashes GST Demand on Reinsurance Services for Oriental Insurance

November 8, 2025 579 Views 0 comment Print

The Delhi High Court set aside GST demands on Oriental Insurance Company Limited, applying CBIC Circular No. 228/22/2024-GST that regularized reinsurance services for the period from 1 July 2017 to 24 January 2018.

Gauhati HC Quashes GST Order Passed Without Proper Show Cause Notice

November 8, 2025 1062 Views 0 comment Print

The Gauhati High Court set aside a GST order issued without a valid show cause notice under Section 73(1) of the AGST Act, holding that a DRC-01 summary cannot replace a detailed notice.

Differential Duty for Provisional Release is Not a Pre-Deposit: CESTAT Delhi

November 8, 2025 387 Views 0 comment Print

The CESTAT Delhi ruled that the differential duty paid by Vortex Rubber for provisional release of seized goods is considered customs duty, not a pre-deposit under Section 35FF. This classification affects the applicable interest provisions for delayed refunds.

Late Filing of Form 10B Valid if Before Assessment Completion: ITAT Mumbai

November 8, 2025 849 Views 0 comment Print

ITAT Mumbai held that delay in filing Form 10B does not invalidate a trust’s exemption claim if the form is submitted before assessment completion and the error is rectified.

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