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Judiciary

ITAT Quashes Section 263 Revision for Exceeding Limited Scrutiny Scope

November 2, 2025 570 Views 0 comment Print

ITAT Mumbai held that PCIT had no jurisdiction to invoke Section 263 on issues beyond scope of limited scrutiny, setting aside revision order as invalid.

Arrest Invalid When Grounds Not Communicated to Accused: SC

November 2, 2025 387 Views 0 comment Print

Supreme Court held that informing an arrestee’s spouse or recording diary entries is no substitute for directly informing the accused of grounds of arrest.

Pre-SCN Consultation Not Mandatory in Tax Evasion Cases: Patna HC

November 2, 2025 507 Views 0 comment Print

Court held that pre-show cause consultation is not required when the case is booked for evasion or suppression, and advised the petitioner to pursue appellate remedies.

AP HC Sets Aside ₹3.6 Crore VAT Revision Passed Without Examining Objections

November 2, 2025 291 Views 0 comment Print

Observing that the revisional authority failed to properly assess the taxpayer’s material in the ₹3.6 crore case, the High Court directed a fresh decision after full consideration.

ITAT Delhi Upholds Deletion of ₹22.38 Cr Interest Disallowance – Advances Held Business-Driven

November 2, 2025 552 Views 0 comment Print

The Tribunal ruled that the assessee had sufficient interest-free funds (own capital and unsecured loans) to cover the advances given, thus breaking the presumed nexus with interest-bearing funds. This decision reinforces the principle that disallowance is impermissible when the taxpayer possesses adequate non-interest-bearing capital for making advances.

SC Orders Reinstatement of Teachers Terminated for Missing TET at Appointment

November 2, 2025 921 Views 0 comment Print

SC clarified that under Section 23(2) of RTE Act, teachers appointed before March 2015 could obtain TET qualification within four years of 2017 amendment. Since appellants did so, their termination after six years was unjustified.

Exporters Entitled to Refund of Swachh Bharat Cess Even If Missed in Original Claim

November 2, 2025 285 Views 0 comment Print

 CESTAT Mumbai set aside an order that rejected an exporter’s supplementary claim for Swatch Bharat Cess (SBC) refund. The Tribunal ruled that Rule 5 of the Cenvat Credit Rules has no bar on filing multiple refund claims for the same period.

Rectification Petition Saves Service Tax Appeal from Being Time-Barred: CESTAT Delhi

November 2, 2025 393 Views 0 comment Print

CESTAT Delhi set aside an appellate order, holding that the time limit for filing an appeal starts from the date the rectification of mistake order (Section 74) is passed. The appeal was therefore deemed filed within the prescribed limitation period.

Tender Authority Cannot Impose Conditions Not Stated in Tender Notice: SC

November 2, 2025 972 Views 0 comment Print

SC reaffirmed that disqualification of bids must strictly follow tender terms, holding that Mandi Parishad acted beyond its powers by rejecting a technical bid based on an unstated requirement for DM-issued solvency proof.

SC Upholds MCD Zoning Control, Denies De-Sealing of Rajinder Nagar Property

November 2, 2025 987 Views 0 comment Print

SC clarified that Delhi’s mixed-use policy cannot be exploited for unrestricted business expansion. Only ground floors approved as shops can operate commercially; upper floors require prior conversion approval. Judgment safeguards planned urban development under MPD-2021.

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