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Archive: 15 November 2025

Posts in 15 November 2025

ITC Cannot Be Denied for Seller’s Default: Supreme Court

November 15, 2025 6138 Views 0 comment Print

The judgment confirms that bona fide purchasers remain eligible for ITC even if the seller fails to deposit tax. The Court held that action must be taken against the defaulting seller, not the genuine buyer.

NRIs, Tax Reform and Treaty Issues in India’s New Tax Regime

November 15, 2025 1173 Views 0 comment Print

India’s upcoming tax law changes could redefine resident status for high-income diaspora. Learn how this reform increases global income tax risks and affects treaty benefits for overseas investors.

ITAT Holds Dismissal Invalid Where Assessee Not Heard on Section 249(4)(b) Requirement

November 15, 2025 387 Views 0 comment Print

The Tribunal held that the CIT(A) erred in dismissing the appeal solely for non-payment of advance tax without first seeking clarification from the assessee. Since the assessee acted under a bona fide belief that no advance tax was due, the ITAT restored the matter for fresh consideration. Key takeaway: procedural conditions under Section 249(4)(b) must be applied with fairness and opportunity of hearing.

Penalties Restored as HC Finds Office-Bearers Liable for Anti-Competitive Conduct

November 15, 2025 246 Views 0 comment Print

The Court reinstated penalties and behavioural directions after holding that the federation’s leaders played an active role in anti-competitive practices. It restored the Commission’s order in full.

Appeal Dismissed as Business-Automation Software Not Considered Consumer Use

November 15, 2025 441 Views 0 comment Print

The Supreme Court applied the dominant-purpose principle and concluded that an established company buying specialized process-automation software cannot claim it was for personal or self-employment use. The transaction clearly supported larger commercial operations.

Writ Appeal Closed as SC Directions Resolve TRAN-1 Issue

November 15, 2025 252 Views 0 comment Print

The High Court disposed of the appeal after noting that the Supreme Court had already directed opening of a common GST portal for filing TRAN-1 and TRAN-2. The earlier Single Judge order was rendered academic.

IFSCA Seeks Public Input on Updating IBC and OEC Regulations

November 15, 2025 447 Views 0 comment Print

A detailed consultation has been launched to gather suggestions on improving rules governing foreign university campuses in GIFT IFSC. The objective is to align the framework with global best practices.

Discussion Paper on Strengthening Valuation Process under IBC

November 15, 2025 354 Views 0 comment Print

The paper outlines measures to bring uniform valuation formats and documentation. It highlights the need for consistency to improve transparency and stakeholder confidence.

CIT(A) Cannot Dismiss Appeal for Non Prosecution – Matter Remanded for Fresh Adjudication

November 15, 2025 309 Views 0 comment Print

ITAT Raipur set aside an ex-parte appellate order where the CIT(A) dismissed the appeal solely for non-prosecution. The matter was restored for fresh adjudication to ensure principles of natural justice are followed.

Section 65 Permissions Digitized: CBIC Launches Online Module

November 15, 2025 810 Views 0 comment Print

The circular introduces an ICEGATE 2.0 module for processing MOOWR and MOOSWR applications. It streamlines the Section 65 permission process, offering manuals and support channels for smooth onboarding.

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