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Judiciary

Misuse of GSTIN of a trader by third Party should be investigated by Economic Offences Wing of Delhi Police

September 6, 2025 837 Views 0 comment Print

Assessee contended that he had closed operations on 28.07.2017 and sought new registration under M/s Samyak Fashion (India). His provisional GSTIN under M/s Samyak International was allegedly misused by unknown persons, leading to wrongful availment and passing on of ITC.

Double payment of amount of customs duty is only deposit hence time limit for refund doesn’t apply

September 6, 2025 1284 Views 0 comment Print

CESTAT Mumbai held that double payment of amount of customs duty is only a deposit with government and hence question of applying limitation under section 27 of the Customs Act would not arise. Accordingly, order is set aside and appeal is allowed.

Interest u/s. 75A payable after expiry of one month of let export order till date of payment of drawback

September 6, 2025 822 Views 0 comment Print

CESTAT Delhi held that interest u/s. 75A is payable at the rate specified in section 27A of the Customs Act from date after expiry of the period of one month of ‘let export order’ to date of payment of drawback. Accordingly, appeal allowed to that extent.

Exemption u/s. 11 cannot be denied merely for delay in filing Form 10B: ITAT Ahmedabad

September 6, 2025 2568 Views 0 comment Print

ITAT Ahmedabad held that delay in furnishing Form No. 10B is procedural lapse hence it cannot be sole reason for denial of exemption under section 11 of the Income Tax Act. Accordingly, delay in filing 10B condoned and exemption granted.

Additions of ₹1.46 Cr demonetization cash deposits and derivative losses were remanded for fresh adjudication

September 6, 2025 447 Views 0 comment Print

Additions made on account of cash deposits during the demonetization period and disallowance of loss on the derivative transactions, were remanded for fresh adjudication after the verification of sales records and transaction nature.

Allowability of sec.80IA deduction on interest on Fixed Deposits and TDS refund linked to business

September 6, 2025 942 Views 0 comment Print

The interest was earned from fixed deposits maintained with banks for the purpose of the business and related to the business of assessee. Interest was also earned on refund of taxes due to wrongful deduction of TDS by the customers of assessee.

Imposition of ₹2k cost for unexplained delay in filing appeal and matter remanded for fresh adjudication

September 6, 2025 480 Views 0 comment Print

Tribunal had imposed a cost of ₹2,000 on M/s. Udai Lal Mahabir Prasad for failing to explain the delay in filing its appeal and remanded the disallowance issue to the Assessing Officer (AO) for fresh adjudication.

Section 115BBE Applies Only from 01.04.2017: ITAT Delhi

September 6, 2025 648 Views 0 comment Print

An ITAT Delhi ruling has partially allowed appeals by the tax department, reducing significant cash deposit additions and clarifying the applicability of Section 115BBE.

External Development Charges to HUDA Liable for Section 194C TDS

September 6, 2025 1050 Views 0 comment Print

The Delhi Income-tax Appellate Tribunal (ITAT) has ruled that a company must deduct Tax Deducted at Source (TDS) on External Development Charges (EDC) paid to the Haryana Urban Development Authority (HUDA).

Delhi HC Directs Processing of GST ITC Refund Under Inverted Tax Structure

September 6, 2025 906 Views 0 comment Print

In a significant ruling, the Delhi High Court ordered the disbursement of an accumulated Input Tax Credit refund to a petitioner, along with interest, within a strict three-week deadline.

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