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Archive: December, 2025

Posts in December, 2025

Average Base Price Comparison Upheld to Detect GST Profiteering

December 29, 2025 930 Views 0 comment Print

The Tribunal ruled that economic pressures and COVID-era costs cannot justify retaining GST rate cut benefits. Businesses must pass on reductions through lower prices, failing which profiteering is established.

Practical Guide to Appealing Before the GST Appellate Tribunal

December 29, 2025 8895 Views 0 comment Print

The 2025 Rules mandate electronic filing on the GSTAT Portal using FORM GST APL-05. The key takeaway is strict digital compliance—offline or defective filings risk return or rejection.

Performance Incentives Not Taxable Due to Absence of Service to Media Houses: Delhi HC

December 29, 2025 1836 Views 0 comment Print

The High Court held that incentives earned by an advertising agency from media firms do not attract service tax when no separate service is rendered to them. The ruling clarifies that incidental incentives linked to core services are not taxable.

ITAT Mumbai Restored Appeal as Evidence Ignored by First Appellate Authority

December 29, 2025 447 Views 0 comment Print

The ruling states that the appellate authority must decide grounds on merits after examining evidence, even if the assessee was non-cooperative. The case was sent back for reconsideration subject to costs.

Service Tax Demand Quashed as Cinema Counter Food Sales Not a Service: CESTAT Delhi

December 29, 2025 492 Views 0 comment Print

The dispute concerned whether food sold at cinema counters involved a taxable service. The Tribunal held such transactions to be pure sales of goods and set aside the service tax demand with consequential relief.

Director Cannot Be Forced to Represent Company Without Authorisation under PMLA: Calcutta HC

December 29, 2025 600 Views 0 comment Print

The issue was whether an individual accused could be compelled to represent a corporate accused in a PMLA trial. The court held that only the company can appoint its representative and set aside the trial court’s order.

US Government Pension Exempt Because DTAA Overrides Domestic Tax Law: ITAT Delhi

December 29, 2025 720 Views 0 comment Print

The Tribunal held that pension paid by the US government is taxable only in the United States under the India–USA DTAA. The key takeaway is that beneficial treaty provisions prevail over Indian tax law.

Writ Dismissed as Court Cannot Direct Prosecution under Company Law by Regulator: Delhi HC

December 29, 2025 267 Views 0 comment Print

The Court declined to order criminal prosecution based on a complaint to the corporate regulator, holding such relief untenable in writ jurisdiction. The petitioner was left free to pursue remedies under the law.

Gujarat HC allows Interim Disbursement as Worker Claims Require Fresh Verification

December 29, 2025 384 Views 0 comment Print

The issue concerned distribution of liquidation proceeds amid disputes over worker claim verification. The court permitted interim payments while directing independent re-verification of disputed claims.

Delhi HC Reduced Penalty After Mis-declaration of Purpose in Temporary Import of Broadcasting Equipment

December 29, 2025 312 Views 0 comment Print

Delhi High Court upheld customs duty paid by a broadcasting company but quashed penalties on directors, recognizing that mis-declaration was for company benefit and not individual gain.

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