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Archive: 19 November 2025

Posts in 19 November 2025

PF/ESI Paid After Statutory Due Date Not Deductible, Sectiom 143(1)(a) Adjustment Sustained

November 19, 2025 663 Views 0 comment Print

The assessee’s plea that delayed PF/ESI deduction was a debatable issue was rejected because Checkmate had settled the law retrospectively. The key takeaway is that once the Supreme Court clarifies the law, CPC may apply it through 143(1)(a) adjustments based on audit disclosures.

Delhi HC Allows BSNL to Contest ₹12.63 Crore Customs Penalty Belatedly

November 19, 2025 468 Views 0 comment Print

The Court restored a time-barred appeal after noting BSNL’s voluntary payment of differential duty. The ruling permits the case to be heard on merits despite a 652-day delay.

Product-Owning Companies Excluded from TP Analysis: Tribunal Refines Comparable Selection

November 19, 2025 579 Views 0 comment Print

Covers the Tribunal’s ruling upholding most TPO-selected comparables while excluding product-owning entities, clarifying how functional similarity drives benchmarking in software distribution.

Writ Rejected Due to Availability of Statutory Appeal in ITC Fraud Case

November 19, 2025 396 Views 0 comment Print

The Court declined to exercise writ jurisdiction, holding that allegations of fraudulent ITC require factual scrutiny through the appellate process. The petitioner was directed to pursue an appeal under Section 107.

Section 271(1)(c) Penalty Unsustainable for Genuine Accounting Entries

November 19, 2025 399 Views 0 comment Print

The Tribunal found no evidence of concealment since the assessee had transparently disclosed impairment, CENVAT credit treatment, and revenue recognition. It ruled that Section 271(1)(c) cannot be invoked merely because the AO made additions.

Electronic GST Orders Cannot Be Invalidated for Missing Visible Signatures: Delhi HC

November 19, 2025 1062 Views 0 comment Print

Delhi High Court held that GST SCNs and orders are legally valid when authenticated using digital keys, even without visible signatures, and that statutory appeal under Section 107 is appropriate remedy.

Matter Remanded – Reason: CIT(A) Abdicated Jurisdiction by Merely Endorsing DVO’s Report

November 19, 2025 387 Views 0 comment Print

ITAT ruled that the CIT(A) wrongly treated the DVO’s report as binding and failed to independently scrutinize comparables, methodology, and objections. Key takeaway: the first appellate authority must evaluate the DVO’s report on merits and issue a speaking order.

Blanket Cross-Examination Requests in GST Proceedings Can Be Denied: Delhi HC

November 19, 2025 2778 Views 0 comment Print

Delhi High Court holds that the right to cross-examine witnesses in GST proceedings is not unfettered, and blanket requests without justification can be denied.

GST Matter Remanded as SCN Uploaded in Additional Tab Was Not Noticed

November 19, 2025 801 Views 0 comment Print

The Court remanded the case after finding that the SCN was uploaded only in the Additional Notices tab, preventing the petitioner from replying. Fresh adjudication was ordered, and the notification-validity issue was left open.

Bombay HC Stays Redemption of Confiscated Gold Due to Jurisdictional Concerns

November 19, 2025 321 Views 0 comment Print

The Court stayed a Tribunal order allowing redemption of confiscated gold while examining whether the Tribunal had jurisdiction under the Customs Act. The ruling highlights the need to address key legal questions before relief is granted.

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