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Judiciary

Delhi HC: No CESTAT Appeal Without Pre-Deposit, Waiver Denied

September 11, 2025 843 Views 0 comment Print

Delhi High Court held that CESTAT does not have the power to admit appeal without the pre-deposit. However, since this is not a rare case necessitating interference, this court has not granted waiver from pre-deposit.

PCIT Cannot Revise When AO Took Possible View-10% Tolerance u/s 43CA Applies Retrospectively

September 11, 2025 333 Views 0 comment Print

ITAT Pune rules that PCIT cannot revise an assessment under Section 263 if the AO took a plausible view. The 10% tolerance limit under Section 43CA is retrospective.

GST writ not entertained as inordinate delay not satisfactorily explained

September 11, 2025 351 Views 0 comment Print

Andhra Pradesh High Court held that petition cannot be entertained since the inordinate delay, in approaching the court, has not been satisfactorily explained. Accordingly, writ in GST matter dismissed.

Revenue cannot invoke GST Section 74 where normal Section 73 limitation expired

September 11, 2025 1971 Views 0 comment Print

The Gujarat High Court ruled that tax authorities cannot use Section 74 for extended recovery without proving fraud, if Section 73 time limits have passed.

Addition u/s. 69A set aside as cash deposit during demonetization sufficiently explained

September 11, 2025 705 Views 0 comment Print

ITAT Chennai held that addition under section 69A of the Income Tax Act towards cash deposit during demonetization not justified since assessee has sufficiently explained that the said deposit is from earlier withdrawal. Accordingly, appeal allowed.

No power to adjudicate ITC eligibility during refund proceedings: SC

September 11, 2025 10605 Views 0 comment Print

The Supreme Court affirmed that GST authorities cannot determine the eligibility of Input Tax Credit during refund proceedings, upholding a Delhi High Court ruling.

SC allows GST refund for services provided to foreign universities

September 11, 2025 3798 Views 0 comment Print

The Supreme Court affirmed that services provided by Indian entities to foreign universities for student admissions are considered “export of services” and are eligible for an IGST refund.

ITAT Pune Deletes Disallowance for Salary & Partner Remuneration paid in Cash

September 11, 2025 717 Views 0 comment Print

Pune ITAT deletes disallowance of cash-based remuneration to partners and salaries to employees, finding no legal bar or evidence of inflated expenses.

NFAC Ignored Uploaded Evidence- Natural Justice Violated- ITAT Restores Appeal

September 11, 2025 522 Views 0 comment Print

ITAT Delhi sets aside an order against Credulity Solutions, citing a violation of natural justice after the CIT(A) failed to consider uploaded documents.

SC on Customs Duty Evasion Case: Compliance of Section 138C(4) Key Factor

September 11, 2025 1104 Views 0 comment Print

Supreme Court reviews CESTAT order in Suresh Kumar & Co. Impex case, emphasizing that electronic evidence compliance under Section 138C(4) can be satisfied through signed records and statements.

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