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Judiciary

Reopening Beyond Four Years Without Alleging Assessee’s Failure Is Void

November 11, 2025 753 Views 0 comment Print

The ITAT Delhi held that reassessment under Section 147 was invalid where the AO failed to record any allegation of the assessee’s failure to disclose material facts. The ruling reaffirms that reopening beyond four years requires strict compliance with the proviso to Section 147.

Delhi High Court Strikes Down Negative Blocking of ITC Ledger

November 11, 2025 870 Views 0 comment Print

The Court ruled that blocking ITC beyond available credit under Rule 86A is invalid, directing authorities to remove negative blocking from the taxpayer’s Electronic Credit Ledger.

SCN Within Three-Month Window Valid Under CGST Act: Delhi HC

November 11, 2025 603 Views 0 comment Print

Delhi HC held that a show cause notice issued for excess ITC was within the statutory three-month period prior to the outer limit under Section 73. The SCN and order are not time-barred.

Wi-Fi Extenders Using MIMO Technology Eligible for Custom Duty Exemption: SC

November 11, 2025 1422 Views 1 comment Print

CESTAT Mumbai held that MIMO-based Wi-Fi extenders qualify for exemption under customs notification, clarifying that exclusion applies only to products combining MIMO and LTE technologies.

GST Not Payable on Liquidated Damages in Bus Project: AAR Gujarat

November 11, 2025 660 Views 0 comment Print

The Gujarat AAR ruled that liquidated damages paid for contract breaches in an electric bus project do not constitute a supply and are not subject to GST.

No ITC on GST Paid for Industrial Land Lease due to Section 17(5)(d) Bar: AAR Gujarat

November 11, 2025 2013 Views 0 comment Print

Gujarat AAR held that Input Tax Credit cannot be claimed on GST paid for long-term industrial land leases used for factory construction, citing Section 17(5)(d) of CGST Act. The ruling confirms that such credits remain blocked even before or after construction.

Inadvertent filing of Form 10-IB instead of 10-IC cannot take away benefit u/s. 115BAA

November 11, 2025 1146 Views 0 comment Print

ITAT Mumbai held that benefit under section 115BAA of the Income Tax Act cannot be denied for inadvertent filing of Form 10-IB in place of Form 10-IC since the same is technical lapse. Accordingly, order of CIT(A) is sustained and appeal of revenue is dismissed.

Revision u/s. 263 quashed as plausible view taken by AO while granting exemption u/s. 54F

November 11, 2025 348 Views 0 comment Print

ITAT Mumbai held that revisionary proceeding under section 263 of the Income Tax Act is liable to be quashed since AO took one of the possible views while allowing claim of deduction under section 54F. Accordingly, order is quashed and appeal is allowed.

No Illegality in 15-Day Auction Notice Under Rule 9: Madras HC Upholds SARFAESI Sale

November 11, 2025 1095 Views 0 comment Print

Dismissing borrower’s petition, High Court held that a 15-day gap between publication and auction meets statutory requirement for a subsequent sale and that auction notice contained sufficient property description and valid valuation.

Transaction Value Can’t Be Rejected Without Specific Doubt: CESTAT Quashes 44 Duty Demands

November 11, 2025 810 Views 0 comment Print

CESTAT ruled that undervaluation suspicion in one Bill cannot justify rejecting values in other consignments. It upheld revaluation for one import but annulled demands, confiscation, and penalties for 44 past Bills.

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