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Archive: 19 November 2025

Posts in 19 November 2025

Orissa HC Quashes GST Order for Mismatch Between SCN & Adjudication Periods

November 19, 2025 1119 Views 0 comment Print

The Orissa High Court set aside a GST order of Rs.17.89 lakh after the tax periods in the adjudication did not match the show-cause notice, remitting the matter for fresh computation.

ITAT Faults CIT(A) for Ignoring Proof Against 69A ‘Unaccounted Sales’ Charge

November 19, 2025 546 Views 0 comment Print

The AO changed the charge from bogus payments to 69A ‘Unaccounted Sales’ without issuing a fresh notice, denying the assessee a proper hearing. ITAT remanded the matter for verification of documentary evidence including invoices, GST returns, and e-way bills.

GST Assessment Set Aside After Missed Online Notice; 25% Deposit Imposed

November 19, 2025 456 Views 0 comment Print

Madras HC quashed a GST assessment after petitioner missed a notice posted online and directed a fresh order, with 25% of disputed tax to be deposited in cash.

Tribunal Deletes ₹10.84 Cr Addition: Proper Sale Proceeds Ignored, Verified Loans Misread

November 19, 2025 369 Views 0 comment Print

The ITAT Mumbai deleted Rs. 10.84 crore addition made under Section 68, ruling that the assessee had properly documented loans and repayments. Key takeaway: Genuineness of transactions with third-party entities can neutralize claims of unexplained credits.

Microphones and receivers used in manufacture of PCBA entitled for customs duty exemption prior to 06.07.2019

November 19, 2025 273 Views 0 comment Print

CESTAT Delhi held that microphones and receivers imported into India for manufacture of PCBA of cellular mobile phones is eligible for exemption from payment of customs duty under Exemption notification no. 57/2017-Customs dated 30.06.2017 prior to 06.07.2019.

TP Adjustment Partly Set Aside: Incorrect Filters, Wrong Comparables & Netting-Off Reassessed

November 19, 2025 390 Views 0 comment Print

The Tribunal held that several comparables selected by the tax authorities failed the RPT filter and were functionally dissimilar, warranting exclusion. It ordered verification, directed inclusion of suitable event-management comparables, and remanded the interest-on-receivables and ICDS issues for fresh review.

Assessment Order Set Aside; Procedural Lapse on DRP Intimation Held Curable

November 19, 2025 384 Views 0 comment Print

Court set aside assessment order, holding that failure to inform Assessing Officer about DRP filing is a procedural defect that can be remedied. The matter is remitted for fresh consideration after the DRP’s decision.

Differentiate pre and post GST works contract for transition to determine reimbursement of tax liability

November 19, 2025 1200 Views 0 comment Print

Karnataka High Court held that works contract entered with State and other Government agencies needs to calculate works executed Pre-GST under KVAT regime and Post-GST. Thus, reimbursement/ refund is to be granted for differential tax liability taking into account Pre-GST and Post-GST tax liability.

ITAT Deletes ₹2.5 Cr Addition After Verifying Loan Trail; Penalty u/s 271(1)(c) Reconsidered

November 19, 2025 336 Views 0 comment Print

The Tribunal held that the ₹2.5 Cr flat investment was fully explained through agreement details and a DHFL housing loan, leaving no basis for an addition. Penalty u/s 271(1)(c) was remanded for fresh examination since the foundation for concealment no longer survived.

Service Tax on Club Services Unconstitutional: Telangana HC Follows SC Ruling

November 19, 2025 759 Views 0 comment Print

Telangana High Court struck down service-tax provision on club-member transactions, holding that doctrine of mutuality and Supreme Court’s Calcutta Club judgment render such levies invalid.

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