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Archive: December, 2025

Posts in December, 2025

Order Set Aside Due to Non-Return of Seized Laptop Violating Natural Justice: CESTAT Chennai

December 25, 2025 303 Views 0 comment Print

The Tribunal held that failure to return a seized laptop and documents used for defence vitiated the adjudication and remanded the matter for fresh consideration.

Right of redemption retained with borrower under SARFAESI Act till sale is confirmed

December 25, 2025 492 Views 0 comment Print

Calcutta High Court held that the right of redemption retained with the borrower under section 13(8) of SARFAESI Act till the Sale is confirmed and sale certificate is issued. Accordingly, revisional applicable is liable to be set aside.

Same-Day Loan Sanction Not Illegal in Absence of Prohibitory Rule: Chhattisgarh HC

December 25, 2025 309 Views 0 comment Print

Chhattisgarh High Court held that there is no illegality or irregularity in sanctioning loans on the same day since no rule prohibited such sanction. The prosecution has not established any dishonest intention on the part of the Branch Manager at the time of sanctioning the loan.

Disallowance u/s. 14A cannot exceed amount of exempt income earned during the year

December 25, 2025 390 Views 0 comment Print

ITAT Mumbai held that disallowance under section 14A of the Income Tax Act cannot exceed the amount of exempt income earned by the assessee during the year under consideration. Accordingly, the matter is restored back to file of AO for exercising the computation of disallowance u/s 14A.

Valuation of Perquisites of Residential Accommodation Under Income Tax Act, 1961

December 25, 2025 1002 Views 0 comment Print

The rules clarify how rent-free or concessional housing is taxed differently for government and private employees, depending on location and salary structure.

Income Tax Assessment Upheld Because Amalgamation Was Not Informed to Tax Officer

December 25, 2025 321 Views 0 comment Print

The Tribunal ruled that failure to formally intimate amalgamation sustained the assessment, applying Mahagun Realtors, while striking down mechanical expense disallowances.

Summons u/s. 70 of CGST Act cannot be considered as initiation of proceedings: Writ dismissed as premature

December 25, 2025 651 Views 0 comment Print

Delhi High Court held that summons under section 70 of the Central Goods and Services Tax Act [CGST Act], is issued for gathering information and providing an opportunity to produce documents, it cannot be considered to be initiation of proceedings against the petitioner. Thus, writ dismissed as premature.

Electric Motor Parts Not Classifiable as Auto Parts Due to Chapter 85 Exclusion: CAAR Mumbai

December 25, 2025 375 Views 0 comment Print

The Authority ruled that electric motor parts used in EV axles cannot be treated as motor vehicle parts and must be classified under Chapter 85 as per Section XVII exclusions.

Watch Bands Classified Under Heading 9113 Because They Only Fasten Device to Wrist: CAAR Mumbai

December 25, 2025 414 Views 0 comment Print

The authority held that smartwatch bands merely secure the watch and do not contribute to communication or electronic functions, warranting classification as watch bands under Heading 9113.

Customs Broker licence revoked for filing benami shipping bills to export prohibited goods

December 25, 2025 312 Views 0 comment Print

CESTAT Delhi held that revocation of Customs Broker licence justified since it was involved in filing benami shipping bills in the name of some other IEC holder with intend to export prohibited goods. Accordingly, order upheld and appeal dismissed.

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