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Inconsistent stand at different stages of proceedings not permissible: Orissa HC

August 18, 2025 369 Views 0 comment Print

Orissa High Court held that a party cannot be permitted to take inconsistent stand at different stages of the proceeding. Thus, contention that Fe content in IOF is to require to be determined on the basis of Dry Metric Ton [DMT] and not Wet Metric Ton [WMT] cannot be sustained.

Application of trust u/s. 12AB rejected as objects are not for benefit of general public

August 18, 2025 642 Views 0 comment Print

ITAT Ahmedabad application for registration of trust under section 12AB of the Income Tax Act since object of the applicant is not working for benefit of general public at large but is working for specific section of society. Accordingly, appeal of assessee dismissed.

Matter of unexplained deposit remanded as assessee failed to represent before AO and CIT(A)

August 18, 2025 444 Views 0 comment Print

The Ld. AR requested that the matter may be remitted to the Ld. AO while the Ld. DR supported the order of the Ld. CIT(A). After considering the facts of the case, we deem it appropriate in the interest of justice and fair play that another opportunity needs to be provided to the assessee to represent her case properly before the Ld.

Management or Business Consultant and Business Support Service qualifies as input services hence CENVAT admissible

August 18, 2025 399 Views 0 comment Print

CESTAT Chennai held that CENVAT Credit in respect of service tax paid on input services i.e. Management or Business Consultant’s Service’ and ‘Business Support Service’ is duly eligible. Accordingly, disallowance of credit set aside.

Section 16(2)(c) of CGST Act and rule 36(4) of CGST Rules are constitutionally valid: Madras HC

August 18, 2025 1044 Views 0 comment Print

Madras High Court held that provisions of section 16(2)(c) of the Central Goods and Services Tax Act, 2017 read with rule 36(4) of the Central Goods and Services Rules, 2017 are not violative of Article 14 of the Constitution of India. Accordingly, writ petition dismissed.

Foreign Tax Credit cannot be denied merely for delayed filing of Form No. 67: ITAT Jaipur

August 18, 2025 639 Views 0 comment Print

ITAT Jaipur held that delayed filing of Form No. 67 cannot be reason for denial of Foreign Tax Credit since filing of Form 67 is procedural/ directory requirement. Accordingly, appeal allowed and order of CIT(A) set aside.

Order revoking customs broker license quashed as regulation 10(n) doesn’t require continuous surveillance

August 18, 2025 519 Views 0 comment Print

CESTAT Delhi held that regulation 10(n) doesn’t require Customs Broker to keep continuous surveillance on client to ensure that client operates from that address and has not changed his operations. Accordingly, order revoking customs broker license set aside.

Exemption u/s. 11 granted as registration u/s. 12A remained valid till grant of provisional registration u/s. 12AB

August 18, 2025 1035 Views 0 comment Print

ITAT Mumbai held that denial of exemption under section 11 of the Income Tax Act not justified since previous registration u/s. 12A continued to be valid till grant of provisional registration under the new scheme u/s. 12AB of the Income Tax Act.

Cancellation of GST registration for non-filing of returns has civil consequences so petitioner directed to comply with requirement

August 18, 2025 825 Views 0 comment Print

The petitioner is a partnership firm and is registered under the Central Goods and Services Tax (CGST) Act, 2017/Assam Goods and Services Tax (AGST) Act, 2017. Show cause notice was issued due to non-filing of GST returns for a continuous period of six months.

Reopening u/s. 148 quashed as based on mechanical approval u/s. 151

August 15, 2025 816 Views 0 comment Print

ITAT Delhi held that approval granted under section 151 of the Income Tax Act in mechanical manner without application of mind hence reopening of assessment based on such mechanical order is liable to be quashed.

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