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Long-Term Capital Gain Tax Cannot Be Lowered to 20% When 115BAA Is Opted

November 6, 2025 1260 Views 0 comment Print

The Tribunal dismissed the assessee’s appeal, confirming that opting for Section 115BAA overrides the 20% LTCG rate under Section 112.

Compound Rubber Unvulcanised Classified Under Heading 40051000: CAAR Mumbai

November 6, 2025 474 Views 0 comment Print

CAAR Mumbai held that unvulcanised compound rubber made of natural rubber, carbon black, and stearic acid is classifiable under Heading 4005 1000 of Customs Tariff Act, 1975.

CAAR Mumbai Classifies Data Center Switch Parts Under Heading 8517 79 90

November 6, 2025 588 Views 0 comment Print

CAAR Mumbai ruled that customized metal chassis, covers, and heatsinks used in data center switches are classifiable under 8517 79 90 as parts of communication apparatus and eligible for Nil customs duty under Notification No. 57/2017-Customs.

ITAT Remands Unexplained Cash Addition Case for Fresh Verification for Failure to Verify Evidence

November 5, 2025 687 Views 0 comment Print

The ITAT Ahmedabad sent back a case involving an addition of Rs.1.17 crore for unexplained cash deposits to the AO. The remand was necessary because the CIT(A) issued an ex-parte order without verifying the evidence submitted by the assessee.

Exemption u/s 11 Cannot Be Denied for Minor Delay in Uploading Form 10B ITAT Chennai

November 5, 2025 762 Views 0 comment Print

Tribunal held that filing of Form 10B is a procedural requirement, not a mandatory condition for exemption under Section 11, allowing relief to a charitable trust despite a four-day delay in uploading audit report.

GST Not Payable on Transfer of GIDC Leasehold Rights: Gujarat HC

November 5, 2025 1536 Views 0 comment Print

Court held that assignment of leasehold rights amounts to transfer of immovable property and not supply of service, thereby exempting it from GST liability.

P&H HC Dismisses Revenue Appeals Below ₹2 Crore Limit Citing CBDT Circular 5/2024

November 5, 2025 843 Views 0 comment Print

Punjab and Haryana High Court dismissed the Revenue’s appeals challenging the allowance of investment deduction under Section 32A for AY 1984-85 and 1985-86. The court noted the tax effect was below the CBDT’s monetary limit and the appellant failed to serve the respondents for years.

Delhi HC Sets Aside Ex-Parte GST Demand on Condition of Tax Deposit

November 5, 2025 729 Views 0 comment Print

The Delhi High Court overturned a ₹19.79 lakh ex-parte GST assessment order, directing the Adjudicating Authority to rehear the case on merits. The ruling mandates that the Petitioner deposit the tax amount of ₹10.22 lakh and file a reply by the specified deadline.

CPC Erred in Denying APMC Exemption: ITAT Ahmedabad Sent Matter Back to CIT(A)

November 5, 2025 558 Views 0 comment Print

ITAT ruled that the appeal dismissal by the CIT(A) without adjudicating merits violated natural justice. The Tribunal directed a fresh review, emphasizing that taxing gross receipts without allowing legitimate expenditure is not in accordance with law.

Exemption to Provident Fund cannot be denied Merely for filing wrong ITR: ITAT Mumbai

November 5, 2025 705 Views 0 comment Print

ITAT found authorities erred by upholding CPC’s denial of exemption solely because assessee filed ITR-7 instead of ITR-5. Ruling emphasizes that denying a just claim over procedural non-compliance causes undue hardship to taxpayer.

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