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Judiciary

Curbing right to appear in exam merely due to shortage of attendance not justifiable

November 11, 2025 1080 Views 0 comment Print

Delhi High Court held that curbing right to appear in examination due to non-fulfilling mandatory physical attendance norms is contrary to spirit of NEP, 2020 and also UGC Regulations. Accordingly, Court directs to re-consider the same.

SC Enhances Compensation to ₹15 Lakh for 14-Year-Old with 77% Disability

November 11, 2025 576 Views 0 comment Print

The Supreme Court ruled that earlier compensation was inadequate and raised the award to ₹15.13 lakh, ensuring fair restitution for a minor’s lifelong disability.

Proforma Invoices Can’t Replace Negotiated Commercial Invoices: CESTAT Delhi

November 11, 2025 408 Views 0 comment Print

Proforma invoices could not replace commercial invoices prepared after negotiation and accepted by customs. Statement recorded under section 108 of the Customs Act could not be relied upon since the mandatory procedure under section 138B was not followed and the alleged proforma invoices were not duly proved or corroborated with evidence.

Insolvency Must Be Project-Specific: NCLAT Delhi Sets Aside NCLT Order in Real Estate CIRP

November 11, 2025 591 Views 0 comment Print

NCLT Delhi held that insolvency of real-estate project is to be held project-specific. Accordingly, order set aside and matter revived before Adjudicating Authority to consider section 7 petition afresh.

Penalty Not Justified for Delayed TDS Deposit When Reasonable Cause Proven: ITAT Delhi

November 11, 2025 621 Views 0 comment Print

ITAT Delhi held that penalty under Section 272A(2)(g) cannot be imposed when TDS delay is due to technical reasons and the assessee has already paid compounding charges and interest.

ITAT Upholds 5% Income Estimation on Accommodation Entry Transactions

November 11, 2025 588 Views 0 comment Print

The tribunal dismissed both assessee and Revenue appeals, confirming that income from accommodation entries can be estimated at 5% of credit entries in the bank. The ruling clarifies that when commissions are claimed on transactions without actual goods delivery, a reasonable percentage can be applied to determine taxable income.

Urban Development Authority Not Government: TDS on EDC Upheld by ITAT

November 11, 2025 888 Views 0 comment Print

ITAT Delhi upheld that non-deduction of TDS on External Development Charges (EDC) paid to HUDA constitutes default under sections 201(1)/201(1A). Following High Court precedent in Puri Construction, the ruling clarifies that such payments attract TDS under section 194C even without a formal contract.

Unsecured loan addition deleted since identity, creditworthiness and genuineness proved

November 11, 2025 546 Views 0 comment Print

ITAT Jaipur held that addition towards unsecured loan cannot be sustained since identity of lenders, creditworthiness of parties and genuineness of loan transaction duly proved. Accordingly, CIT(A) order upheld and appeal of revenue dismissed.

No Circular Trading in Diamond & Gold Exports: CESTAT Dismisses Revenue Appeal

November 11, 2025 351 Views 0 comment Print

CESTAT Ahmedabad held that there is no circular trading of cut and polished diamonds and gold jewellery exported. Further, also held that revenue has failed to prove misdeclaration. Accordingly, appeals of revenue dismissed.

PCIT can Review Bogus LTCG Assessment pending before CIT(A) ITAT Delhi

November 11, 2025 711 Views 0 comment Print

ITAT Delhi dismissed the appeal challenging PCIT’s exercise of jurisdiction under Section 263, holding that the Commissioner can revise orders even when the matter is pending before CIT(A). Key takeaway: jurisdiction under Sec. 263 extends to unresolved appeals.

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