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Judiciary

Charitable Exemption Upheld: AO Must Accept Valuer Report If DVO Reference Not Made

October 30, 2025 729 Views 0 comment Print

The ITAT Delhi affirmed the grant of Section 11 exemption to a charitable society, ruling that if the Assessing Officer fails to make a mandatory reference to the DVO to question a valuation, the registered valuer’s report must be accepted. Since the purchase price was lower than the valuer’s estimate, no benefit accrued to related persons.

Section 271B Penalty Automatically Lapses When quantum assessment set aside

October 30, 2025 1146 Views 0 comment Print

The ITAT Delhi deleted the penalty imposed under Section 271B for failure to get accounts audited, ruling that the penalty cannot survive once the original quantum assessment (which determined the high turnover) is set aside. Since the AO later accepted the returned income, the statutory basis for the penalty lapsed.

Termination Void as Vendor Accepted Payment After Expiry: SC Restores Specific Performance

October 30, 2025 5649 Views 0 comment Print

The Supreme Court mandated specific performance for a property sale, ruling that the vendor’s acceptance of an extra payment after the initial period expired constituted a waiver of the right to terminate. The Court restored the sale decree, affirming that time is not automatically the essence in immovable property contracts.

GST Order Lacking DIN is Invalid, Not Void: AP HC

October 30, 2025 1953 Views 0 comment Print

Andhra Pradesh HC rules GST assessment orders without a Document Identification Number (DIN) are invalid, but remain effective and enforceable until set aside.

Customs Advance Ruling Inductor classifiable Under CTI 85045090: CAAR Mumbai

October 30, 2025 1014 Views 0 comment Print

CAAR Mumbai confirms Inductors, Chip Inductors, and related products are correctly classified as Other Inductors under Customs Tariff Item 85045090. This classification is based on the General Rules for Interpretation and Section XVI Notes.

Customs Housing Agent must exercise due diligence over wrongdoings of employees

October 30, 2025 675 Views 0 comment Print

:While the Customs Broker was negligent in exercising due supervision over its employee, permanent revocation of licence was an excessive penalty. Applying the principle of proportionality, the revocation was modified to a limited period of four years with specific monetary deposits and compliance conditions.

No condonation of delay in GST Appeal as statutory limitation u/s 107 (4) was absolute and couldn’t be extended

October 30, 2025 771 Views 0 comment Print

The strict 4-month statutory limitation period for filing a GST appeal under Section 107 could not be condoned, as the provision created a special regime that excluded the general principles of condonation of delay under the Limitation Act.

Addition u/s. 68 quashed as evidences establishing identity, creditworthiness and genuineness not invalidated

October 30, 2025 822 Views 0 comment Print

ITAT Raipur held that addition u/s. 68 of the Income Tax Act made without invalidating evidences establishing identity/ creditworthiness of investor and genuineness of transaction not justifiable. Accordingly, appeal of revenue dismissed.

CESTAT Exempts Semi Conductor Laboratory from Service Tax on CISF Security Services

October 30, 2025 522 Views 0 comment Print

CESTAT rules Semi Conductor Laboratory (SCL) is not a business entity, exempting it from service tax on CISF security. Strategic R&D lacks commercial motive.

Interest Payable to Partners Is Year-End Liability, Not Restricted to Business Start Date

October 30, 2025 546 Views 0 comment Print

Dismissing the AO’s view that interest should be restricted to months of operation, Tribunal allowed full claim, reaffirming that partner interest accrues on financial year-end.

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