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Judiciary

NCLT Waives Shareholding Threshold for Company Petition on Alleged Mismanagement

November 9, 2025 2355 Views 0 comment Print

NCLT Ahmedabad waived the one-tenth shareholding requirement under Section 244(1)(a), allowing former ICEX promoters to proceed with an oppression and mismanagement petition.

Delhi HC Orders Release of Seized Gold for Foreign Nationals on Payment of Redemption Fine

November 9, 2025 552 Views 0 comment Print

The Delhi High Court directed Customs to enforce the 31 January 2025 Order-in-Original and release jewellery seized from two Uzbekistan nationals after payment of redemption fine and compliance with conditions.

Delhi HC Condones Delay in Filing Customs Appeal Due to Change of Counsel

November 9, 2025 540 Views 0 comment Print

The Delhi High Court condoned a 273-day delay in filing an appeal before CESTAT, holding that there was no evidence of deliberate inaction or mala fides by the importer.

Comparable controlled transaction not to be taken as comparable to benchmark international transaction

November 9, 2025 294 Views 0 comment Print

ITAT Delhi held that comparable controlled transaction cannot be taken as comparable to benchmark the international transaction. Accordingly, transfer pricing adjustment in respect of international transaction towards payment of royalty deleted.

Delay in Form 10B Filing Cannot Deny Trust Exemption: Madras HC

November 9, 2025 1146 Views 0 comment Print

Madras High Court held that a trust’s legitimate tax exemption cannot be denied merely for delay in filing Form 10B, directing the Assessing Officer to allow benefits under Section 12A.

Activity of hostel/mess being part of main activity eligible for 15% standard exemption u/s. 11(1)(a)

November 9, 2025 342 Views 0 comment Print

ITAT Indore held that activity of providing hostel/mess is part of main activity of imparting education. Hence, claim of 15% of gross receipts as eligible exemption under section 11(1)(a) of the Income Tax Act justified.

Section 263 Revision Not Valid When AO Allows 32AC Deduction after enquiry

November 9, 2025 327 Views 0 comment Print

The Kerala High Court held that revisional powers under Section 263 cannot be invoked when the Assessing Officer has examined and accepted a deduction claim under Section 32AC after due inquiry.

IGST Demand from Pre-Import Breach Not Liable for Penalty: CESTAT Mumbai

November 9, 2025 459 Views 0 comment Print

The CESTAT Mumbai ruled that confiscation, fine, and penalty cannot be imposed on IGST demand arising from breach of pre-import conditions under the Advance Authorization Scheme.

Fish Oil – Ethyl Ester is classifiable under CETH 1516 1000 and not under 3824 9090

November 9, 2025 354 Views 0 comment Print

CESTAT Chennai held that Enriched Omega 3 Fatty Acid (Fish Oil – Ethyl Ester) and Enriched Omega 3 Fatty Acid-Powder (Fish Oil – Ethyl Ester-Powder) are classifiable under CETH 1516 1000 and not under CETH 3824 9090 as contested by department.

Purchase Tax Not Leviable When Seller Fails to Pay Sales Tax: Madras HC

November 9, 2025 5016 Views 0 comment Print

The Madras High Court held that purchase tax under Section 7A of the TNGST Act cannot be imposed merely because the seller failed to remit sales tax.

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