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Archive: 10 November 2025

Posts in 10 November 2025

Ultra Vires And Indoor Management In The Era of The Companies Act, 2013: Doctrines In Decline?

November 10, 2025 1524 Views 0 comment Print

Explore how ultra vires and indoor management doctrines evolved under the Companies Act 2013, balancing corporate flexibility with accountability.

Settlement of Foreign Civil Litigation & Section 37(1) Disallowance: A Doctrinal Analysis

November 10, 2025 576 Views 0 comment Print

ITAT Ahmedabad held settlement payments in foreign civil cases are deductible under Section 37(1) as compensatory, not penal, and Explanation 3 is not retrospective.

No Legal Restriction on Inter-State Transfer of CGST/ IGST ITC on Merger of companies 

November 10, 2025 2364 Views 0 comment Print

Kerala AAR rules no legal bar on inter-state CGST/IGST credit transfer during company mergers, terming GST portal restrictions as technical.

TR-6 Challan used for Payment of IGST on Imports, disputed for availing ITC

November 10, 2025 1116 Views 0 comment Print

Tamil Nadu AAAR rules TR-6 challan not a valid document for availing ITC on import IGST; only Bill of Entry qualifies under GST provisions.

No property attachment to continue once ITAT order attained finality and dues were cleared

November 10, 2025 342 Views 0 comment Print

Once the order of ITAT had attained finality on factual aspects and assessee had discharged the entire liability, the Tax Recovery Officer was bound, under Section 225(2) to lift the attachment on property.

Is Refund Permissible without Challenging Assessment including Self-Assessment in Customs/Service Tax/GST?

November 10, 2025 3387 Views 0 comment Print

Supreme Court holds refund cannot be claimed without challenging assessment or self-assessment under Customs, Excise, Service Tax, or GST laws.

IGST on Ocean Freight was invalid and Entries 9 &10 of 2017 IGST Notifications was quashed following Mohit Minerals case

November 10, 2025 537 Views 0 comment Print

Entry 9 of Notification No. 8/2017-Integrated Tax (Rate) and Entry 10 of Notification No. 10/2017-Integrated Tax (Rate), both dated 28 June 2017, which had imposed Integrated GST (IGST) on ocean freight under reverse charge was quashed as levy on ocean freight amounted to double taxation

Royalty For Technical Know-How was not ‘condition of sale’ even if included in value of Imported Goods

November 10, 2025 393 Views 0 comment Print

Royalty paid for technical know-how was not a ‘condition of sale’ merely because it was included in the value of imported goods as it pertained to post-importation activities relating to the manufacture of finished goods in India and was not a condition of sale of imported components.

Once Tribunal deleted additions and arrears, property attachment order must be lifted

November 10, 2025 303 Views 0 comment Print

Once an appellate authority like the Commissioner (Appeals) or the ITAT deleted a tax addition and assessee’s liability stood discharged, the Tax Recovery Officer was bound to give effect to such order and lift the attachment.

NRI Couldn’t Access Documents in Time — ITAT Restores Property Addition for Fresh Examination

November 10, 2025 312 Views 0 comment Print

ITAT Ahmedabad allowed the assessee a fresh opportunity to explain the source of investment in property under Section 69A. The tribunal noted that being an NRI, the assessee could not access required documents in time, warranting reconsideration by the AO.

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