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Judiciary

Delay in filing Form No. 9A condoned as form 9A newly introduced

November 27, 2025 477 Views 0 comment Print

Bombay High Court held that delay in filing of Form No. 9A due to first year of its introduction is genuine and hence the same is condoned. Further, also held that if delay is not condoned there will be genuine hardship to charitable trust.

Duty Exemption Denied Under MOOWR Scheme Due to Incompatibility of Benefits

November 27, 2025 825 Views 0 comment Print

The ruling holds that exemption under Notification 134/94-Cus. cannot be combined with MOOWR benefits, as both schemes operate separately. Only re-export-based repair activities qualify for exemption.

ITAT Restores Section 80G Application Rejected for Religious Objects

November 27, 2025 474 Views 0 comment Print

ITAT held that a trust’s application for 80G approval cannot be rejected solely for having religious objects in its deed. The matter was remanded for fresh verification of actual religious expenditure.

Concessional Duty Denied Because Imported Lithium Cells Not Used in ‘Manufacture’ Under IGCR Rules

November 27, 2025 1335 Views 0 comment Print

CAAR held that lithium-ion cells used as replacements, scrapped during production, or found defective before use do not qualify as being used in manufacture. Such cells are treated as unutilized or defective and attract duty and interest under IGCR Rules.

ITAT Orders Fresh Verification of Cash Credit Addition Due to Loan Repayment

November 27, 2025 435 Views 0 comment Print

ITAT remanded the unexplained cash credit addition for verification of full loan repayment, highlighting that repayment within a reasonable time negates the addition under section 68.

Section 44AD Claim Accepted, Entire Rs. 20.23 Lakh Addition Deleted

November 27, 2025 519 Views 0 comment Print

The Tribunal allowed the assessee’s claim under Section 44AD, recognizing the small kirana shop’s sales and deposits as genuine business income. Bank deposits corresponded with daily sales, and withdrawals matched purchase requirements, showing a consistent business pattern.

Delhi HC Orders Controlled Forensic Review of Advocate’s CPU Post GST Raid

November 27, 2025 4047 Views 0 comment Print

The Court allowed forensic examination of an advocate’s seized CPU under strict safeguards after a GST search raised concerns about attorney-client privilege. It directed limited access, mandated presence of IT experts, and prohibited coercive action pending further review.

Reassessment Quashed as Notice Uploaded After Limitation Due to Portal Glitch

November 27, 2025 507 Views 0 comment Print

The Court held that a reassessment notice generated on time but uploaded the next day is time-barred. Proceedings were set aside because despatch, not generation, determines the date of issuance.

Delhi HC Questions Customs Dept’s Power to Issue IGST SCN in Export Classification Dispute

November 27, 2025 648 Views 0 comment Print

The Court allowed a petitioner to file an appeal on classification of exported goods and sought clarification on which authority can issue SCNs under Customs and GST laws.

Maximum Marginal Rate Applied Because Trust Selected “AOP/BOI” in ITR

November 27, 2025 267 Views 0 comment Print

 ITAT held that discretionary trusts with unknown beneficiary shares must be taxed at the maximum marginal rate unless statutory exceptions apply, restoring the matter for verification.

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