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Judiciary

CIT(E) Can’t Sit in Judgment Like AO: ITAT Delhi Restores 12AB & 80G Registration to Charitable Trust

December 18, 2025 573 Views 0 comment Print

ITAT Delhi ruled that CIT(E) cannot evaluate the merit of charitable activities when granting 12AB/80G registration, restoring the trust’s exemptions. Procedural overreach by tax authorities cannot deny valid registration.

Brokerage Is Turnover, Not Client Trades: ITAT Delhi Deletes 271B Penalty on Sub-Broker

December 18, 2025 399 Views 0 comment Print

ITAT Delhi ruled that a sub-broker’s turnover includes only brokerage income, not total client transactions, and deleted ₹1.5 lakh penalty under Section 271B.

Portal Silence Can’t Kill Appeal: ITAT Delhi Orders Condonation of 321-Day Delay in Faceless Regime

December 18, 2025 417 Views 0 comment Print

ITAT allowed condonation of a 321-day delay in appeal filing, emphasizing procedural fairness when assessment orders are delivered electronically.

Higher Depreciation Restored as 143(1) Can’t Decide Debatable Claims

December 18, 2025 282 Views 0 comment Print

The issue was whether higher depreciation on goods carriage vehicles could be disallowed during return processing. The Tribunal held that such debatable claims need scrutiny and cannot be adjusted under section 143(1).

Depreciation Can’t Be Denied on Suspicion After MAP Resolution

December 18, 2025 276 Views 0 comment Print

The ITAT held that depreciation cannot be disallowed when ownership, usage, and actual cost of assets are undisputed. Mere suspicion about the source of funds is insufficient to deny statutory depreciation.

TP Adjustment Deleted as INR-Denominated CCD Interest Must Follow PLR

December 18, 2025 543 Views 0 comment Print

The issue was whether interest on INR-denominated CCDs should be benchmarked using LIBOR or domestic rates. The Tribunal held that PLR applies, rendering the transfer pricing adjustment unsustainable.

ITAT Chennai Condones 45-Day Delay; NFAC Cannot Reject Appeal In-Limine When Cause Is Reasonable

December 18, 2025 198 Views 0 comment Print

The issue was whether a short delay in filing an appeal justified outright dismissal. The Tribunal held that illness supported by medical evidence constituted reasonable cause and restored the appeal for merits adjudication.

Demand of service tax on ocean freight quashed as petitioner not recipient of service

December 18, 2025 357 Views 0 comment Print

Karnataka High Court held that demand of service tax on ocean freight on import services is liable to be quashed since the petitioner are not the recipient of service for the purpose of notification no. 3/2017-ST dated 12.01.2017.

Knitted readymade garments classified under CTH 6102 hence 10% drawback admissible

December 18, 2025 378 Views 0 comment Print

CESTAT Kolkata held that knitted readymade garments are classifiable under Customs Tariff Heading 6102 and, accordingly, the drawback rate would be 10% of FOB value. Accordingly, the appeal filed by appellant is disposed of.

GST Recovery Quashed as Appeals Filed With Mandatory Pre-Deposit: HP HC

December 18, 2025 582 Views 0 comment Print

The issue was whether recovery could continue after filing GST appeals with pre-deposit. The High Court held that the recovery notice lost its force and ordered de-freezing of the bank account.

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