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Archive: December, 2025

Posts in December, 2025

AAR Declines GST Ruling on Preference Shares as Export Consideration

December 4, 2025 285 Views 0 comment Print

The Gujarat Authority for Advance Ruling ruled that questions on receiving non-voting, irredeemable preference shares as export consideration are outside Section 97(2) of the CGST Act, leaving GST liability unresolved.

E-Way Bill Issues Outside AAR Jurisdiction, Application Rejected

December 4, 2025 498 Views 0 comment Print

The advance ruling authority held that questions on e-way bill requirements fall outside Section 97(2) of the CGST Act and therefore cannot be answered, leaving both queries unresolved.

Bio-Diesel Fuel Eligible for ITC Under Forward Charge for GTA Services: AAR Gujarat

December 4, 2025 804 Views 0 comment Print

The ruling allows GTAs paying GST under forward charge to claim ITC on bio-diesel, subject to compliance with CGST Act provisions and notification requirements. Fuel used in goods transport vehicles is not blocked under Section 17(5).

5% GST Applicable on Transport of Empty Containers by Rail: AAR Gujarat

December 4, 2025 615 Views 0 comment Print

The ruling clarifies that moving empty containers by rail falls under the general rail transport category and is taxable at 5%. The key takeaway is that empty containers are treated as goods, not containerized cargo.

ITC Not Allowed on IGST Paid via Pre-Consultation Letter/TR-6 Challan: AAR Gujarat

December 4, 2025 1269 Views 0 comment Print

The ruling holds that ITC cannot be claimed on IGST paid through a pre-consultation letter and TR-6 challan, as these are not valid documents under GST rules. The key takeaway is that reassessment of the Bill of Entry is required for ITC eligibility.

18% GST Applicable on Waste-Processing Machinery Supplied to Municipality: AAR Gujarat

December 4, 2025 369 Views 0 comment Print

The ruling held that machinery supplied for waste processing did not qualify as pure or composite services under Notification 12/2017. GST was therefore applicable on the full supply.

PVC Raincoats Classified Under Plastics: GST Rate Confirmed at 18%: AAR Gujarat

December 4, 2025 507 Views 0 comment Print

Gujarat AAR rules that PVC/plastic raincoats are articles of plastics under HSN 3926, not textile apparel, confirming GST at 18%. This clarifies classification amid market confusion.

Salary to Seconded Employees Is Not FTS – ITAT Delhi Deletes ₹10.76 Cr Addition in Toshiba Case

December 4, 2025 405 Views 0 comment Print

ITAT Delhi held that reimbursements for seconded employees’ salaries cannot be taxed as technical services, as a genuine employer-employee relationship existed with Indian entities. The ruling confirms that taxed salary payments cannot be recharacterized as FTS.

PUFE Transactions under IBC: Triggers and Judicial Trends

December 4, 2025 1008 Views 0 comment Print

Breaks down preferential, undervalued, fraudulent, and extortionate transactions and the remedies available. Key takeaway: PUFE is essential for restoring value and protecting creditors.

9 Years of IBC: What Worked, What Failed & What Needs Overhaul in 2025

December 4, 2025 585 Views 0 comment Print

Summarizes the major successes and persistent bottlenecks in India’s insolvency regime. Key takeaway: significant gains require targeted reforms in adjudication speed and digital infrastructure.

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