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Archive: 09 November 2025

Posts in 09 November 2025

Customs Assessment Cannot Rely on Unverified CPU Data: CESTAT Delhi

November 9, 2025 321 Views 0 comment Print

CESTAT Delhi held that electronic evidence from an unsealed CPU without a Section 139C certificate cannot form the basis of customs assessment. It ruled that DRI’s revaluation of imports was invalid as goods were already assessed by the proper officer. All duty demands, fines, and penalties were quashed.

Madras HC Denies Bail in ₹19.76 Crore GST Fake ITC Case

November 9, 2025 621 Views 0 comment Print

The Madras High Court refused bail to Mukesh Kumar accused of managing dummy firms and availing fraudulent ITC worth ₹19.76 crore under the CGST Act.

No Incriminating Evidence, Only Excel — ITAT Deletes ₹25 Cr Addition in Moser Baer Group Case

November 9, 2025 780 Views 0 comment Print

DCIT Vs Indian Hydro Electric Power Pvt. Ltd. (ITAT Delhi) No Incriminating Evidence, Only Excel — ITAT Deletes ₹25 Cr Addition in Moser Baer Group Case Search was conducted on the Moser Baer Group, covering Assessee’s premises. During search, an Excel sheet titled “Funds Position” was found on a group employee’s laptop, showing loan entries. […]

Lease income held as business profit, not royalty under India–Ireland DTAA without PE

November 9, 2025 435 Views 0 comment Print

ITAT Delhi held aircraft lease between Irish lessor and IndiGo as operating lease, not taxable in India under Article 8 of the India-Ireland DTAA.

Gujarat HC Allows Refund of ISD-Distributed IGST Credit to SEZ Unit

November 9, 2025 741 Views 0 comment Print

The Gujarat High Court held that SEZ units can claim refunds of unutilized IGST credit distributed by Input Service Distributors, setting aside the appellate order against Ajanta Pharma.

ITAT Delhi Quashes Search Assessments for Lack of Incriminating Material

November 9, 2025 459 Views 0 comment Print

The ITAT Delhi held that additions under Section 153A cannot be made without incriminating material found during search and set aside assessments for AYs 2013–14 and 2014–15.

Cash credits recorded in book attract Section 68 even under presumptive taxation

November 9, 2025 531 Views 0 comment Print

Delhi ITAT held that cash credits recorded in a cash book attract Section 68 even under presumptive taxation. The Tribunal sustained ₹78 lakh addition but deleted profit addition.

Suspended Director Not Entitled to Rejected Valuation Reports: NCLAT Delhi

November 9, 2025 549 Views 0 comment Print

The NCLAT Delhi upheld the NCLT’s decision denying a suspended director access to discarded valuation reports of Winsome Yarns, clarifying that only CoC members are entitled to such documents.

Bombay HC Stays Section 148 Reassessment Notices Pending SC Outcome

November 9, 2025 678 Views 0 comment Print

Court stayed reassessment notices issued under Section 148, holding that proceedings must comply with the amended faceless regime under the Finance Act, 2021.

Delay in EPF/ESIC Deposit Attracts Disallowance Even in 143(1) Processing: ITAT Delhi

November 9, 2025 609 Views 0 comment Print

The Tribunal confirmed that employees’ contributions to EPF and ESIC deposited after the statutory due dates are disallowable under Section 36(1)(va). The assessee’s appeal was dismissed as the delay was not condonable.

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