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Archive: December, 2025

Posts in December, 2025

Coffee Premix Not Taxable as Beverage Powder Because of Specific Entry: Bombay HC

December 12, 2025 549 Views 0 comment Print

The Court held that the premix, understood popularly as instant coffee, must be classified under the specific entry for coffee rather than the general entry for beverage powders. The ruling affirms that common usage prevails over ingredient percentages.

Gujarat HC Upholds Exemption for Pre-Laminated Bagasse Board Citing Precedent

December 12, 2025 240 Views 0 comment Print

The Court dismissed the appeal because the issue had already been decided in an earlier judgment. It held that the previous ruling granting exemption remained binding and unchanged.

Disallowance Cut to 5% Since AO Failed to Prove Entire Sales Were Unexplained

December 12, 2025 225 Views 0 comment Print

ITAT held that the entire disputed turnover cannot be added when purchases are accepted and books are not rejected. Only the embedded profit is taxable, leading to restriction of addition to 5% of turnover.

Delhi HC Refuses Stay Interference Due to Delay and Non-Compliance

December 12, 2025 330 Views 0 comment Print

Court upholds ITAT’s refusal to stay tax recovery, citing the petitioner’s prolonged inaction and failure to meet conditions. Key takeaway: procedural lapses undermined the stay request.

Remand Ordered Since AO Adopted U/s 143(1) Figures Without Addressing Disallowances

December 12, 2025 303 Views 0 comment Print

ITAT ruled that a scrutiny order cannot override a 143(1) intimation if the AO fails to examine pending 154 grievances. The case was remanded because the core adjustments were never adjudicated.

GST Exemption Limited to Manpower-Based Municipal Services: AAR West Bengal

December 12, 2025 1011 Views 0 comment Print

The ruling held that only manpower-based municipal activities qualify as pure services eligible for GST exemption. Operation and maintenance of machinery involving goods do not qualify unless goods constitute less than 25% of the value.

Essential Hospital Support Services Held GST-Exempt for Meeting “Pure Service” Criteria

December 12, 2025 543 Views 0 comment Print

The ruling holds that providing security and scavenging services to government hospitals qualifies as pure services linked to constitutional public health functions. The authority found all conditions of Notification 12/2017 satisfied, resulting in GST exemption.

Non-profit Section 8 company is Body Corporate for GST: AAR West Bengal

December 12, 2025 567 Views 0 comment Print

The AAR rules that a non-profit Section 8 company supplying sponsorship services qualifies as a “body corporate,” making GST payable on a forward charge basis.

ITAT Again Follows Its Own Precedents: Qualcomm Royalty from Foreign OEMs Not Taxable in India

December 12, 2025 297 Views 0 comment Print

RBI introduces a uniform framework governing interest rates, premature withdrawal penalties, and deposit treatment to ensure fairness and transparency across Local Area Banks.

Homoeopathic Medicines: HSN Classification and GST Rate Clarified

December 12, 2025 747 Views 0 comment Print

The AAR ruled that medicaments prepared exclusively as per authoritative pharmacopoeia formulas attract 2.5% CGST + 2.5% SGST. Single-constituent products are classified under entry 234, while multi-constituent products are classified under entries 233 or 234 based on retail packaging.

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