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Archive: 17 December 2025

Posts in 17 December 2025

EDLI Claims Restored as Weekends Not Treated as Service Break

December 17, 2025 195 Views 0 comment Print

The authority clarified that Saturdays, Sundays, and holidays between two EPF-covered employments cannot be treated as a break in service, ensuring EDLI benefits are not wrongly denied.

GST Demand Set Aside for Ex Parte Order; Matter Remanded with 10% Pre-Deposit

December 17, 2025 273 Views 0 comment Print

The High Court set aside a GST demand passed after the assessee failed to attend a hearing and remitted the matter for fresh adjudication, subject to a 10% pre-deposit. The ruling balances procedural fairness with revenue protection.

GST Appeal Rejected for ITC Pre-Deposit Set Aside; Hearing on Merits Directed

December 17, 2025 390 Views 0 comment Print

High Court held that dismissal of a GST appeal solely because mandatory pre-deposit was made through ITC was erroneous. Appellate authority was directed to hear appeal on merits after treating ITC deposit as valid.

Provisional GST Bank Account Attachment Invalid After One Year: Telangana HC

December 17, 2025 384 Views 0 comment Print

The court held that provisional attachment of bank accounts under GST cannot continue beyond one year, setting aside attachments that exceeded the statutory time limit under Section 83(2) of the CGST Act.

Small Company Definition Revised: Capital ₹10 Cr & Turnover ₹100 Cr w.e.f. 1 Dec 2025

December 17, 2025 7965 Views 0 comment Print

The MCA increases small company limits to ₹10 crore paid-up capital and ₹100 crore turnover, enabling more startups and MSMEs to access simplified compliance and governance benefits.

Denial of CENVAT Credit without specific reasoning is unsustainable: CESTAT Mumbai

December 17, 2025 216 Views 0 comment Print

CESTAT Mumbai set aside orders denying CENVAT Credit on rent-a-cab and insurance services, directing the original authority to provide detailed reasons and grant personal hearing.

Understanding Key Concepts in DTAAs

December 17, 2025 1023 Views 0 comment Print

India’s Supreme Court clarified that MFN benefits under DTAAs require a government notification and are limited to OECD membership at treaty signing, rejecting automatic extension claims by countries like Switzerland and France.

Filing Form 10F for Non-Residents Without PAN – A Practical Guide

December 17, 2025 1332 Views 0 comment Print

This guide explains the procedure for non-residents without PAN to file Form 10F, ensuring DTAA benefits and avoiding higher withholding tax.

Survey Statements Alone Can’t Justify Bogus Purchase Additions

December 17, 2025 465 Views 0 comment Print

The Tribunal held that additions under section 68 cannot be sustained merely on statements recorded during a third-party survey under section 133A. In absence of independent enquiry, corroborative evidence, or cross-examination, such statements have no evidentiary value.

Concessional LTCG Rate for Non-Residents Overrides Higher TDS Demands

December 17, 2025 258 Views 0 comment Print

The Tribunal examined whether tax was short-deducted on remittances to non-resident shareholders. It held that TDS at 11.54%, derived from the concessional 10% rate under section 112 with surcharge and cess, was legally correct and no default arose.

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