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Judiciary

Non-Completion of Project Doesn’t Nullify Land Transfer for Capital Gains: ITAT Cochin

November 9, 2025 543 Views 0 comment Print

Tribunal confirmed that incomplete construction does not cancel a transfer under section 2(47)(vi). The matter was remanded for proper computation of capital gains considering partial project completion.

DTAA Benefit Granted on LTCG and Dividends to Cyprus-based company

November 9, 2025 492 Views 0 comment Print

Gagil FDI Limited Vs ACIT (ITAT Delhi) The case concerns Gagil FDI Limited, a company incorporated in Cyprus, which appealed against an assessment order dated 29 April 2024 for the assessment year 2021–22 under Sections 143(3) and 144C(13) of the Income Tax Act, 1961. The primary dispute relates to whether the assessee was entitled to […]

Bombay HC Upholds Mauritius DTAA Benefit for Bid Services Division

November 9, 2025 555 Views 0 comment Print

The Bombay High Court quashed the AAR’s ruling that denied Mauritius DTAA benefits to Bid Services Division (Mauritius) Limited. The Court held that the petitioner was entitled to treaty protection on capital gains from the sale of MIAL shares. It ruled that legitimate corporate structures cannot be disregarded merely for resulting in tax advantages.

GST Appeal Delay Not a Bar When Departmental Errors Exist: Telangana HC

November 9, 2025 723 Views 0 comment Print

Telangana High Court ruled that procedural defects and delayed order communication justified reconsideration of Padmaja Gas Agencies’ GST appeal.

CCI Has No Jurisdiction in Patent Disputes: NCLAT Delhi

November 9, 2025 768 Views 0 comment Print

NCLAT Delhi held that patent-related issues fall under the Patents Act, not the Competition Act, dismissing an appeal alleging anti-competitive conduct by Vifor International AG.

Export of Ladies Garments to Dubai Under Russian Contract Qualifies as Export for Drawback

November 9, 2025 288 Views 0 comment Print

CESTAT Delhi held that once goods are exported, drawback cannot be denied even if alleged forgery or diversion by the foreign buyer occurs later.

Delhi HC Sets Aside Late Reassessment Notices Following SC Guidance

November 9, 2025 1014 Views 0 comment Print

The Delhi High Court set aside reassessment notice and order against Sarthak Gupta for AY 2014–15, citing the Supreme Court’s ruling in Rajeev Bansal.

GST Authorities Must Provide Evidence Before Recovering Input Tax Credit

November 9, 2025 903 Views 0 comment Print

The Court directed tax authorities to share material forming the basis of a ₹1.79 crore GST demand with the petitioner, citing violation of natural justice if withheld.

Customs Assessment Cannot Rely on Unverified CPU Data: CESTAT Delhi

November 9, 2025 405 Views 0 comment Print

CESTAT Delhi held that electronic evidence from an unsealed CPU without a Section 139C certificate cannot form the basis of customs assessment. It ruled that DRI’s revaluation of imports was invalid as goods were already assessed by the proper officer. All duty demands, fines, and penalties were quashed.

Madras HC Denies Bail in ₹19.76 Crore GST Fake ITC Case

November 9, 2025 777 Views 0 comment Print

The Madras High Court refused bail to Mukesh Kumar accused of managing dummy firms and availing fraudulent ITC worth ₹19.76 crore under the CGST Act.

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