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Archive: 11 November 2025

Posts in 11 November 2025

GST on Spent Catalyst

November 11, 2025 2523 Views 0 comment Print

Disputes arise over GST classification of spent catalysts and e-way bill rules. Learn how enforcement actions are impacting industry compliance.

Tribunal Grants Partial Stay on Tax Demand After 20% Deposit Condition

November 11, 2025 747 Views 0 comment Print

The Tribunal allowed stay of recovery after directing a jewellery firm to pay ₹10 lakh and furnish a ₹10 lakh bank guarantee, holding 20% payment mandatory under section 254(2A).

Copyright vs Copyrighted Article – Online Access Not Royalty: ITAT Delhi

November 11, 2025 729 Views 0 comment Print

The Tribunal found that subscription payments were made for using copyrighted articles, not for using copyright itself. Hence, the income was not taxable in India as royalty under Section 9(1)(vi) or Article 12 of the DTAA with the USA.

Vague Penalty Notices Without Specified Limb Are Invalid in Law: ITAT Delhi

November 11, 2025 678 Views 0 comment Print

ITAT Delhi held that penalties were invalid where the Assessing Officer failed to specify the exact charge—concealment, inaccurate particulars, under-reporting, or misreporting. The Tribunal reaffirmed that vague notices under Sections 271(1)(c) or 270A are legally unsustainable.

Reopening Beyond Four Years Without Alleging Assessee’s Failure Is Void

November 11, 2025 711 Views 0 comment Print

The ITAT Delhi held that reassessment under Section 147 was invalid where the AO failed to record any allegation of the assessee’s failure to disclose material facts. The ruling reaffirms that reopening beyond four years requires strict compliance with the proviso to Section 147.

Delhi High Court Strikes Down Negative Blocking of ITC Ledger

November 11, 2025 846 Views 0 comment Print

The Court ruled that blocking ITC beyond available credit under Rule 86A is invalid, directing authorities to remove negative blocking from the taxpayer’s Electronic Credit Ledger.

SCN Within Three-Month Window Valid Under CGST Act: Delhi HC

November 11, 2025 555 Views 0 comment Print

Delhi HC held that a show cause notice issued for excess ITC was within the statutory three-month period prior to the outer limit under Section 73. The SCN and order are not time-barred.

Wi-Fi Extenders Using MIMO Technology Eligible for Custom Duty Exemption: SC

November 11, 2025 1323 Views 1 comment Print

CESTAT Mumbai held that MIMO-based Wi-Fi extenders qualify for exemption under customs notification, clarifying that exclusion applies only to products combining MIMO and LTE technologies.

GST Not Payable on Liquidated Damages in Bus Project: AAR Gujarat

November 11, 2025 597 Views 0 comment Print

The Gujarat AAR ruled that liquidated damages paid for contract breaches in an electric bus project do not constitute a supply and are not subject to GST.

No ITC on GST Paid for Industrial Land Lease due to Section 17(5)(d) Bar: AAR Gujarat

November 11, 2025 1848 Views 0 comment Print

Gujarat AAR held that Input Tax Credit cannot be claimed on GST paid for long-term industrial land leases used for factory construction, citing Section 17(5)(d) of CGST Act. The ruling confirms that such credits remain blocked even before or after construction.

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