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ITC Refund Cannot Be Denied Despite BRC Mismatch with Export details: Delhi HC

October 4, 2025 1830 Views 0 comment Print

Delhi High Court set aside a Rs.20 Cr GST demand, holding that ITC refund on exports cannot be denied if total foreign exchange proceeds are realized, even if FIRCs don’t match invoices transaction-by-transaction.

Section 13 provisions cannot be invoked at time of granting registration u/s. 12A

October 4, 2025 732 Views 0 comment Print

Gujarat High Court held that provisions of Section 13 of the Income Tax Act can be invoked only at the time of assessment and not at the time of grant of registration under Section 12A of the Act. Accordingly, writ disposed as devoid of merits.

Delay of 29 days in filing Form No. 10B condoned as denial of exemption u/s. 11 will cause genuine hardship

October 4, 2025 660 Views 0 comment Print

Bombay High Court held that denial of exemption under section 11 of the Income Tax Act for delay of mere 29 days in filing of Form No. 10B is not justifiable since denial of exemption is likely to cause genuine hardship to the Charitable Trust.

GST Refund with Interest Allowed for Wrongly Adjusted Cancelled Liability

October 4, 2025 747 Views 0 comment Print

The Delhi High Court mandates refund with statutory interest when a taxpayer’s GST refund is wrongly adjusted against an outstanding liability that was subsequently cancelled.

Provisional GST Attachment Invalid After One Year: Delhi High Court

October 4, 2025 747 Views 0 comment Print

The Delhi High Court, citing Section 83(2) of the CGST Act, 2017 and judicial precedent, ordered the lifting of the provisional attachment on M/s Kanta Food Product’s bank account.

HC Orders ITAT to Decide Tax Appeals on Merits Despite Locus Standi Issue

October 4, 2025 828 Views 0 comment Print

The Delhi High Court remanded two appeals filed by the Union of India (UoI) back to the ITAT for a decision on the merits, after the UoI claimed locus standi for the disbanded Commonwealth Games 2010 Committee.

Taxpayers who filed replies but missed personal hearings can pursue GST appeals – Writ dismissed

October 4, 2025 1425 Views 0 comment Print

Court ruled that despite challenges to GST Notifications, taxpayers who filed replies but missed personal hearings can pursue appeals under Section 107. The judgment highlights the importance of procedural fairness without preempting the Supreme Court’s review.

Assessee Must Use Appellate Remedy, Not Writ, Against Income Tax Notices: Delhi HC

October 4, 2025 939 Views 0 comment Print

Delhi HC dismissed a writ against a reassessment order, citing the Supreme Court’s Chhabil Dass Agarwal precedent, directing the taxpayer to use the statutory appeal remedy before the CIT(A).

EDC Charges to HUDA Are Not Rent, No TDS Required: Delhi HC

October 4, 2025 1095 Views 0 comment Print

Delhi HC ruled that External Development Charges (EDC) paid to HUDA are not “rent” u/s 194−I, dismissing the Revenue’s appeal against SS Group Pvt. Ltd. No TDS liability confirmed.

Interconnect Service Payments Not Royalty: Karnataka HC

October 4, 2025 408 Views 0 comment Print

Karnataka High Court upheld its earlier decision that payments for interconnect services to non-resident telecom operators do not constitute “Royalty” under the Income Tax Act.

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