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Archive: 09 November 2025

Posts in 09 November 2025

Delay in Form 10B Filing Cannot Deny Trust Exemption: Madras HC

November 9, 2025 1101 Views 0 comment Print

Madras High Court held that a trust’s legitimate tax exemption cannot be denied merely for delay in filing Form 10B, directing the Assessing Officer to allow benefits under Section 12A.

Activity of hostel/mess being part of main activity eligible for 15% standard exemption u/s. 11(1)(a)

November 9, 2025 315 Views 0 comment Print

ITAT Indore held that activity of providing hostel/mess is part of main activity of imparting education. Hence, claim of 15% of gross receipts as eligible exemption under section 11(1)(a) of the Income Tax Act justified.

Section 263 Revision Not Valid When AO Allows 32AC Deduction after enquiry

November 9, 2025 288 Views 0 comment Print

The Kerala High Court held that revisional powers under Section 263 cannot be invoked when the Assessing Officer has examined and accepted a deduction claim under Section 32AC after due inquiry.

IGST Demand from Pre-Import Breach Not Liable for Penalty: CESTAT Mumbai

November 9, 2025 441 Views 0 comment Print

The CESTAT Mumbai ruled that confiscation, fine, and penalty cannot be imposed on IGST demand arising from breach of pre-import conditions under the Advance Authorization Scheme.

Fish Oil – Ethyl Ester is classifiable under CETH 1516 1000 and not under 3824 9090

November 9, 2025 342 Views 0 comment Print

CESTAT Chennai held that Enriched Omega 3 Fatty Acid (Fish Oil – Ethyl Ester) and Enriched Omega 3 Fatty Acid-Powder (Fish Oil – Ethyl Ester-Powder) are classifiable under CETH 1516 1000 and not under CETH 3824 9090 as contested by department.

Purchase Tax Not Leviable When Seller Fails to Pay Sales Tax: Madras HC

November 9, 2025 5004 Views 0 comment Print

The Madras High Court held that purchase tax under Section 7A of the TNGST Act cannot be imposed merely because the seller failed to remit sales tax.

Telangana HC Sets Aside Unsigned Tax Orders and Restores Debited Credits

November 9, 2025 348 Views 0 comment Print

The Telangana High Court invalidated unsigned DRC-01 and DRC-07 documents and directed restoration of amounts unilaterally debited from the taxpayer’s electronic credit ledger.

Rebuttable Presumption under Section 292C Cannot Be Applied Mechanically: ITAT Delhi

November 9, 2025 522 Views 0 comment Print

ITAT Delhi held that a seized document mentioning ₹18 lakh could not, without corroboration, be treated as undisclosed income of Krishna Gopal Saraf, deleting the addition.

Pre-CIRP Claims Cannot Be Reopened After Approved Resolution Plan: NCLAT Delhi

November 9, 2025 414 Views 0 comment Print

The NCLAT dismissed Trinity Auto Components Ltd.’s appeal seeking enforcement of benefits under the BIFR scheme. The Tribunal held that the approved resolution plan under IBC replaced the earlier rehabilitation scheme, extinguishing all prior claims. It reiterated that no dual benefits can be claimed after IBC plan approval.

Share application money received in prior years cannot be added in current assessment year

November 9, 2025 531 Views 0 comment Print

ITAT Delhi allowed Ekalavya Gift Galleries Pvt. Ltd.’s appeals, holding that share capital and premium received from investors were properly explained and not taxable under section 68.

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