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Archive: 09 November 2025

Posts in 09 November 2025

Delhi HC Rules Reassessment Proceedings Beyond Limitation Invalid

November 9, 2025 951 Views 0 comment Print

Delhi High Court held that reassessment proceedings for AY 2014–15 were time-barred and quashed notices and orders issued under Sections 148 and 148A.

Treaty Benefits Cannot Be Denied Without Cogent Evidence: ITAT Delhi

November 9, 2025 621 Views 0 comment Print

ITAT Delhi emphasized that Revenue must present convincing evidence of fraud or economic substance absence to deny DTAA benefits, following Delhi HC guidance in Tiger Global International.

Non-Completion of Project Doesn’t Nullify Land Transfer for Capital Gains: ITAT Cochin

November 9, 2025 522 Views 0 comment Print

Tribunal confirmed that incomplete construction does not cancel a transfer under section 2(47)(vi). The matter was remanded for proper computation of capital gains considering partial project completion.

DTAA Benefit Granted on LTCG and Dividends to Cyprus-based company

November 9, 2025 477 Views 0 comment Print

Gagil FDI Limited Vs ACIT (ITAT Delhi) The case concerns Gagil FDI Limited, a company incorporated in Cyprus, which appealed against an assessment order dated 29 April 2024 for the assessment year 2021–22 under Sections 143(3) and 144C(13) of the Income Tax Act, 1961. The primary dispute relates to whether the assessee was entitled to […]

Bombay HC Upholds Mauritius DTAA Benefit for Bid Services Division

November 9, 2025 534 Views 0 comment Print

The Bombay High Court quashed the AAR’s ruling that denied Mauritius DTAA benefits to Bid Services Division (Mauritius) Limited. The Court held that the petitioner was entitled to treaty protection on capital gains from the sale of MIAL shares. It ruled that legitimate corporate structures cannot be disregarded merely for resulting in tax advantages.

GST Appeal Delay Not a Bar When Departmental Errors Exist: Telangana HC

November 9, 2025 693 Views 0 comment Print

Telangana High Court ruled that procedural defects and delayed order communication justified reconsideration of Padmaja Gas Agencies’ GST appeal.

CCI Has No Jurisdiction in Patent Disputes: NCLAT Delhi

November 9, 2025 744 Views 0 comment Print

NCLAT Delhi held that patent-related issues fall under the Patents Act, not the Competition Act, dismissing an appeal alleging anti-competitive conduct by Vifor International AG.

Export of Ladies Garments to Dubai Under Russian Contract Qualifies as Export for Drawback

November 9, 2025 279 Views 0 comment Print

CESTAT Delhi held that once goods are exported, drawback cannot be denied even if alleged forgery or diversion by the foreign buyer occurs later.

Delhi HC Sets Aside Late Reassessment Notices Following SC Guidance

November 9, 2025 975 Views 0 comment Print

The Delhi High Court set aside reassessment notice and order against Sarthak Gupta for AY 2014–15, citing the Supreme Court’s ruling in Rajeev Bansal.

GST Authorities Must Provide Evidence Before Recovering Input Tax Credit

November 9, 2025 891 Views 0 comment Print

The Court directed tax authorities to share material forming the basis of a ₹1.79 crore GST demand with the petitioner, citing violation of natural justice if withheld.

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