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No penalty u/s. 114 of Customs Act in absence of confiscation of goods: CESTAT Delhi

July 31, 2025 867 Views 0 comment Print

According to the department, the overvalued export was used by the exporter to fraudulently procure DEPB scrips from the Directorate General of Foreign Trade and subsequently these DEPB scrips were sold in the open market and were thereafter used by companies to import goods without payment of duty.

Penalty u/s. 114 of Customs Act deleted as confiscation of goods not sustained

July 31, 2025 615 Views 0 comment Print

CESTAT Delhi held that penalty u/s. 114 of the Customs Act can be levied only if the goods are held liable to confiscation u/s. 113 of the Customs Act. Here, as the confiscation cannot be sustained, penalty u/s. 114 of the Customs Act cannot also be sustained.

Religious label doesn’t disqualify Trust—Bangalore ITAT revives 12AB registration plea

July 31, 2025 1296 Views 0 comment Print

Bangalore ITAT revives a trust’s 12AB registration plea, stating that a religious label doesn’t disqualify a trust and directing fresh verification of charitable activities.

Rejection letter under section 154 is a valid order- ITAT restores appeal for fresh hearing

July 31, 2025 732 Views 0 comment Print

ITAT Bangalore rules that a rejection letter under Section 154 is an appealable order, directing the CIT(A) to hear the appeal on merits after it was dismissed on technical grounds.

GST ITC barred u/s. 16(4) CGST is admissible if availed within period prescribed u/s. 16(5)

July 31, 2025 573 Views 0 comment Print

Madras High Court held that input tax credit [ITC] which is barred by limitation in terms of Section 16(4) of the Central Goods and Services Tax Act, 2017 [CGST Act], but, within the period prescribed in terms of Section 16(5) of the CGST Act cannot be denied.

Delhi HC Relaxes Tax Norms for Category III AIFs; CBDT Circular Can’t Override SEBI Norms

July 31, 2025 1026 Views 0 comment Print

Delhi High Court’s landmark ruling on taxation of Category III Alternative Investment Funds, impacting India’s hedge funds with clarity on CBDT Circular 13/2014.

Income Tax Section 143(2) Notice must be in revised format as per CBDT: ITAT Delhi

July 31, 2025 16251 Views 0 comment Print

ITAT Delhi rules an income tax assessment is invalid if the Section 143(2) notice was not issued in the CBDT’s mandatory revised format. This jurisdictional defect voids the entire assessment proceeding.

ITAT: Genuineness of Activities, Not Commercial Nature, to be seen while granting registration u/s 12AA and 80G

July 31, 2025 948 Views 0 comment Print

ITAT Delhi ruled Rasha Welfare Foundation’s EV initiative is charitable, not commercial, upholding 12AA & 80G registration. Focus on genuine activity, not incidental income.

Fixing 3 consecutive hearing under a single notice is unjustified: Karnataka HC

July 31, 2025 714 Views 0 comment Print

Karnataka High Court set aside a customs duty demand of Rs. 1.02 crore against IPC Packaging Company Pvt Ltd, citing a breach of natural justice by tax authorities.

Sourav Dey GST Advance Ruling Application Rejected by AAR West Bengal

July 31, 2025 240 Views 0 comment Print

West Bengal GST AAR rejects Sourav Dey’s advance ruling application on pulse de-husking GST liability after the applicant withdrew the request and failed to appear for hearings.

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