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Judiciary

Registered Trademark Holder Can’t Override Prior User Rights: Delhi HC

May 16, 2025 651 Views 0 comment Print

Further, the balance of convenience also lies in favour of the plaintiff and against the defendants. Great prejudice shall be caused to the plaintiff if interim relief is not granted to the plaintiff.

GST Council to Decide Compensation Cess on Supplies to Merchant Exporters

May 16, 2025 663 Views 0 comment Print

Gujarat High Court held that levy of Compensation Cess at the rate of 160% on the supply of goods i.e. branded tobacco products supplied to merchant exporters for export is kept in abeyance and the matter is referred to GST Council to decide the issue.

Writ in fraudulent availment of ITC not entertained as appellate remedy u/s. 107 of CGST Act available

May 16, 2025 957 Views 1 comment Print

Delhi High Court didn’t entertain the writ petition in the matter of fraudulent availment of Input Tax Credit without actual supply of goods or services since appellate remedy under section 107 of the CGST Act available.

Notice issued u/s. 143(2) without specifying type of scrutiny is invalid: ITAT Kolkata

May 16, 2025 2994 Views 0 comment Print

ITAT Kolkata held that notice issued u/s. 143(2) of the Income Tax Act without specifying whether it is limited or complete of compulsory manual scrutiny is invalid and in violation of CBDT instruction F. No. 225/157/2017/ITA-II Dated 23-06-2017.

Rejection of Resolution Plan Without Hearing Violates Natural Justice

May 16, 2025 771 Views 0 comment Print

NCLAT Delhi held that rejection of approved resolution plan on account of alleged fraud without giving an opportunity to resolution applicant to explain its position is against the principle of natural justice. Accordingly, matter remanded back.

Section 10AA benefit not admissible when fixed deposits are not made for business exigencies

May 16, 2025 651 Views 0 comment Print

During the course of assessement proceedings, AO noted that the assessee has earned interest income on fixed deposits made with banks which has been included in the business income while computing deduction u/s 10AA of the Act.

Addition u/s. 68 without considering revised gross receipts not sustainable

May 16, 2025 681 Views 0 comment Print

ITAT Mumbai held that the cash deposited is out of the gross receipts and that once gross receipts are disputed then no addition is sustainable under section 68 of the Income Tax Act. Accordingly, appeal allowed to that extent and addition deleted.

Order cancelling GST registration set aside since reason for non-compliance found genuine

May 16, 2025 387 Views 0 comment Print

Madras High Court held that based on auditor’s advice, the petitioner failed to comply with GST return provisions. Accordingly, reasons provided for non-compliance with GST provisions appears to be genuine and hence order cancelling registration set aside.

Refund of Compensation Cess in case of exports on payment of IGST Permissible

May 16, 2025 2286 Views 1 comment Print

Gujarat High Court rules exporters can claim refund of compensation cess on inputs for goods exported on payment of IGST, overruling department’s denial.

CESTAT Reduces Penalty in Old Case of Marble Import, Upholds Redemption Fine

May 16, 2025 408 Views 0 comment Print

CESTAT Mumbai reduces penalty on importer for lacking special license in 2000, citing failure to verify profit margin as directed & SC judgment.

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