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Judiciary

DTAA prevails over Section 206AA even if non-resident does not have a PAN: SC

November 26, 2025 2271 Views 0 comment Print

Supreme Court dismissed SLPs, confirming that DTAA rates override Section 206AA for non-residents without PAN. The case follows the Air India ratio, providing legal finality on TDS obligations.

SC to decide ITC Denial Due to retrospective Cancellation of Seller’s GST Registration

November 26, 2025 2571 Views 0 comment Print

The Court will review whether ITC can be refused when the seller’s registration was valid on the transaction date but cancelled later. The case also highlights issues of natural justice and procedural fairness.

Writ Appeal Rejected Because Effective Appellate Remedy Available Under GST Law

November 26, 2025 339 Views 0 comment Print

The Court held that disputed factual issues must be examined through the statutory appellate mechanism and dismissed the writ appeal, directing the appellant to pursue the remedy under the GST Act.

Cash Deposit Addition Deleted for Petroleum Dealer During Demonetization

November 26, 2025 552 Views 0 comment Print

ITAT Jaipur ruled that ₹52.78 lakh added under Section 68 for demonetization-period cash deposits was unsustainable, citing reliable books of accounts and factual verification.

SEZ unit can claim ITC refund on Input services for Authorised operations: Bombay HC

November 26, 2025 744 Views 0 comment Print

Court held that tax authorities cannot refuse ITC refund to SEZ units merely because related precedent is under challenge. Until reversed, Britannia remains binding and must be followed.

No Penalty when Tax and Interest paid before GST SCN: Telangana HC

November 26, 2025 3000 Views 0 comment Print

 Court held that Section 74 proceedings cannot be initiated when tax and interest are paid before issuance of notice under Section 73(5). The ruling confirms that premature invocation of Section 74 is without jurisdiction.

SC Restores Auction Sale: Objections Not Raised in Time Cannot Be Revived Later

November 26, 2025 645 Views 0 comment Print

SC confirmed an auction sale after judgment debtors failed to raise partial-sale objections at correct stage, emphasizing strict compliance with Order XXI Rule 90(3) CPC.

Fruit Dealer Wins Juicy Relief: ITAT Squeezes Out Section 68 Addition

November 26, 2025 1326 Views 0 comment Print

ITAT held that bank deposits consistent with declared fruit business turnover cannot be treated as unexplained under section 68; the addition of ₹1.29 crore was directed to be treated as genuine receipts.

Reopening Notice Quashed for Lack of Proper Sanction Under Section 151

November 26, 2025 984 Views 0 comment Print

Tribunal invalidated the reassessment because the Assessing Officer failed to obtain mandatory approval from the specified authority under Section 151(ii), rendering the Section 148 notice void.

Admission of claim by resolution professional constitutes valid acknowledgment of debt

November 26, 2025 489 Views 0 comment Print

NCLAT Delhi held that the admission of the Claim by the Resolution Professional in the first CIRP against the Corporate Debtor constituted a valid acknowledgement. Accordingly, order of adjudicating authority confirmed and appeals dismissed.

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