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Archive: 22 December 2025

Posts in 22 December 2025

Gujarat HC Restored GST Registration After Pending Returns & Dues Were Cleared

December 22, 2025 7395 Views 0 comment Print

The issue concerned cancellation of GST registration for non-filing of returns and rejection of appeal as time-barred. The High Court restored the registration after noting that all returns were filed and dues paid.

Ex-Servicemen Welfare Association’s GST Cancellation Upheld Due to 15-Month Appeal Delay

December 22, 2025 192 Views 0 comment Print

The High Court declined to interfere with GST registration cancellation where the statutory appeal was filed fifteen months late. The ruling reiterates that limitation bars relief when delays are unexplained in pleadings.

Licence Fee & Goodwill Payment Allowed as Business Expense Since Not Prohibited by Law

December 22, 2025 222 Views 0 comment Print

The Court rejected the argument that goodwill payments amounted to prohibited fee sharing and dismissed the Revenue’s appeals.

Proviso to Section 2(15) Inapplicable to Solar Energy Promotion Activities: ITAT Delhi

December 22, 2025 162 Views 0 comment Print

Noting that exemption was allowed in multiple subsequent years on identical facts, the Tribunal rejected the Revenue’s stand. The addition and denial of exemption were accordingly set aside.

SC Seeks Explanation from UP Bar Council on ₹2,500 Oral Interview Fee

December 22, 2025 171 Views 0 comment Print

Court issued notice after allegations that enrolment rules were bypassed through paid oral interviews, and sought an explanation from the State Bar Council.

Freight Addition Based on Assumptions Unsustainable; Co-Noticee Penalties Set Aside: CESTAT Mumbai

December 22, 2025 6054 Views 0 comment Print

In the absence of any stay or reversal of an earlier binding order, the Tribunal followed settled precedent. Penalties imposed on co-noticees were therefore set aside along with the impugned order.

Delhi HC Quashed GST Demand Due to No Agent Liability for Services Under CGST Act

December 22, 2025 5622 Views 0 comment Print

The Delhi High Court set aside a ₹45.36 crore GST demand after the Finance Ministry clarified that Section 86 of the CGST Act imposes joint liability only for goods, not services. The ruling confirms that agents cannot be taxed for services supplied by the principal without statutory backing.

Gross Receipts Taxed Without Expense Deduction: Demand Stayed by Bombay HC

December 22, 2025 294 Views 0 comment Print

The Bombay High Court stayed the entire tax demand after finding that authorities taxed gross receipts without deducting expenditure. The ruling reiterates that only real income can be brought to tax.

Section 263 Revision Upheld as AO Taxed Only TDS Credit Instead of Undisclosed Commission

December 22, 2025 132 Views 0 comment Print

The ITAT held that taxing only TDS credit, while leaving the underlying undisclosed commission untaxed, is a patent error. Section 263 revision was rightly invoked to protect revenue.

PCIT Cannot Invoke Section 263 When AO Took a Plausible View After Verification of Goodwill Claim

December 22, 2025 150 Views 0 comment Print

The ITAT held that revision under Section 263 was invalid because the Assessing Officer had conducted detailed enquiries into goodwill depreciation. A plausible view taken after scrutiny cannot be branded as erroneous.

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