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Order of disciplinary authority not interfered as perversity not established by Commercial Tax officer

September 8, 2025 282 Views 0 comment Print

Madras High Court refused to interfere in order of the Disciplinary Authority imposing stoppage of increment of Assistant Commissioner of Commercial Taxes since there is no perversity in the orders. Accordingly, writ dismissed.

Higher salary of Additional Commissioner while being posted at ITAT rejected

September 8, 2025 366 Views 0 comment Print

Punjab and Haryana High Court held that claim of petitioner to be treated as Additional Commissioner while being posted at ITAT so as to grant the higher salary cannot be accepted since nothing brought on record stating that duties of higher nature were performed.

CIT(A) cannot dismiss appeal for non-prosecution without disposing on merits

September 8, 2025 600 Views 0 comment Print

ITAT Vishakhapatnam held that dismissal of appeal by CIT(A) merely on account of non-prosecution by the assessee without disposing off on merits is not justifiable. Accordingly, order set aside and matter restored to CIT(A) for fresh adjudication.

Depreciation on business/commercial rights from manufacturing, supply and maintenance contract allowed

September 8, 2025 627 Views 0 comment Print

ITAT Mumbai held that depreciation on the business/commercial rights arising from the manufacturing contracts, supply contracts and maintenance contracts as claimed by the assessee is allowable. Accordingly, appeal allowed.

Addition towards bogus purchases without necessary verification from GST department restored back

September 8, 2025 774 Views 0 comment Print

ITAT Hyderabad held that addition towards bogus purchases based on supporting documentary evidence, without carrying out necessary verification from GST department, cannot be sustained. Accordingly, matter restored back to file of AO for re-adjudication.

Quicklime having purity of Calcium Oxide less than 98% is classifiable under CTH 2522 1000

September 8, 2025 633 Views 0 comment Print

CESTAT Kolkata held that Quicklime is rightly classifiable under Customs Tariff Heading [CTH] 2522 1000 since the purity of Calcium Oxide is less than 98%. Accordingly, order classifying under 2825 9090 set aside.

Implementation of order cannot be withhold based on mere prospect of filing review

September 8, 2025 330 Views 0 comment Print

Delhi High Court held that implementation of OIO as confirmed by OIA and release of personal jewellery should be directed since mere prospect of filing a review cannot be a ground to hold back implementation of these orders.

Gun Shape Metal Cigarette Lighters cannot be covered as replica of arms: Confiscation set aside

September 8, 2025 705 Views 0 comment Print

CESTAT Mumbai held that ‘Gun Shape Metal Cigarette Lighters’ are not liable for confiscation u/s. 111(d)/ 111(m) of the Customs Act, 1962 since ‘cigarette lighters’ of gun shape remain as lighters by its functioning and not as replica of arms as defined u/s. 69A of the Weapons Act, 1990.

CIRP u/s. 7(5) of IBC admitted as financial debt and default established by Financial Creditor

September 8, 2025 387 Views 0 comment Print

NCLT Chennai held that petition under section 7(5) of the Insolvency and Bankruptcy Code, 2016 [IBC] is admitted as financial debt and default thereon is proved by the Financial Creditor. Accordingly, CIRP of Corporate Debtor admitted.

Re-classification of goods not sustained as burden of proof not discharged: CESTAT Mumbai

September 8, 2025 819 Views 0 comment Print

CESTAT Mumbai held that mis-classification/ mis-declaration of goods merely on the basis of statement of importer not justifiable as department failed to discharged burden of proof with proper evidence. Accordingly, appeal allowed in favour of appellant.

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