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Judiciary

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

September 8, 2025 600 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 765 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 585 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.

CIT(A) order was upheld in allowing depreciation and expenses on retention money and amount spent on club and entrance fees

September 8, 2025 570 Views 0 comment Print

The issue was regarding the disallowance of depreciation and expenses on retention money. Assessee had purchase contracts with retention money payable after successful performance of machinery and recorded the liability under the mercantile system.

No motor vehicle tax on vehicles plying only within enclosed premises of Factory/Plant

September 8, 2025 576 Views 0 comment Print

The vehicles never plied on public roads. Believing this exclusive internal use made them exempt, Appellant sought relief from paying motor vehicle tax. The State Transport Department rejected the request and demanded over ₹22 lakh, which the company paid under protest.

No Writ Maintainable Against GST Sec. 73 Order After 11 Months

September 8, 2025 678 Views 0 comment Print

Notifications under Section 168A need not be adjudicated in writ jurisdiction since matter could be taken before appellate forum. It may appropriately be pursued before the competent statutory authority empowered to adjudicate factual disputes under the GST Act and the Rules framed thereunder.

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

September 8, 2025 321 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 630 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 375 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.

Mere Technical Breach Not Enough for Penalty Under Section 272A(1)(d)

September 8, 2025 912 Views 0 comment Print

The ITAT Agra has canceled a penalty against Bundelkhand University, ruling that a technical breach of not filing documents is not punishable if all details are later provided.

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