Daily Updates

No taxability of dividend on ADR/GDR if tax was deducted at source before it was credited to depository bank ITAT Florida Retirement System vs. Assistant Commissioner of Income-tax (INTERNATIONAL TAX)-2(3)(1) [2025] 181 taxmann.com 232 (Mumbai – Trib.)     Facts of the case: Florida Retirement System, a non-resident investor, held shares of Indian companies in …

Judicial Corner: No taxability of dividend on ADR/GDR if tax was deducted at source before it was credited to depository bank ITAT Florida Retirement System vs. Assistant Commissioner of Income-tax (INTERNATIONAL TAX)-2(3)(1) [2025] 181 taxmann.com 232 (Mumbai – Trib.) (26.12.2025) Read More »

HC: No liability to pay CGST/SGST if IGST was duly paid on supply of goods to common carrier for delivery to recipient{Toyota Kirloskar Motor (P.) Ltd. vs. Union of India [2025] 181 taxmann.com 691 (Karnataka HC)}   Facts: Toyota supplied goods and handed them over to a common carrier for delivery to customers located in …

Judicial Corner: HC: No liability to pay CGST/SGST if IGST was duly paid on supply of goods to common carrier for delivery to recipient{Toyota Kirloskar Motor (P.) Ltd. vs. Union of India [2025] 181 taxmann.com 691 (Karnataka HC)} (24.12.2025) Read More »

SC: Non-compete fee paid to restrict competition held allowable as revenue expenditure under sec. 37(1){ Sharp Business System vs. Commissioner of Income-tax [2025] 181 taxmann.com 657 (SC)}   Facts: The assessee paid a non-compete fee to certain parties under an agreement to restrain them from carrying on competing business for a specified period. The payment …

Judicial Corner: SC: Non-compete fee paid to restrict competition held allowable as revenue expenditure under sec. 37(1){ Sharp Business System vs. Commissioner of Income-tax [2025] 181 taxmann.com 657 (SC)} (23.12.2025) Read More »

HC: No Sec. 74 proceedings if assessee voluntarily disclosed short payment of tax and paid tax with interest before SCN {MRF Ltd. vs. Additional Director DGGI Delhi Zonal Unit [2025] 181 taxmann.com 438 (Madras)} Facts: MRF Ltd. identified short payment of GST on certain transactions during reconciliation. The company voluntarily disclosed the liability and paid …

Judicial Corner: HC: No Sec. 74 proceedings if assessee voluntarily disclosed short payment of tax and paid tax with interest before SCN {MRF Ltd. vs. Additional Director DGGI Delhi Zonal Unit [2025] 181 taxmann.com 438 (Madras)} (17.12.2025) Read More »

DGFT: Import under Diamond Imprest Authorisation (DIA) shall also be exempted from payment of the Integrated Tax and Compensation Cess. [Notification No. 49/ 2025-26 dated 09.12.2025]

Customs: Levy of countervailing duty on ‘Textured Tempered Glass’ originating in or exported from Malaysia, is extended up to 08.06.2026 [Notification No. 07/2025-Customs (CVD) dated 07.12.2025]

Customs: CBIC has issued a notification for fixation of Tariff Values of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver. [Notification No. 76/2025-Customs (NT) dated 11.12.2025]

ITC disallowance under sec. 73 quashed as no prior action taken against defaulting supplier and no collusion alleged{ K.V. Joshy & C.K. Paul vs. Assistant Commissioner [2025] 181 taxmann.com 148 (Kerala} Facts: The purchasers had availed ITC on goods bought from registered suppliers. They had valid tax invoices, and the tax was paid to the …

Judicial Corner : ITC disallowance under sec. 73 quashed as no prior action taken against defaulting supplier and no collusion alleged. (11.12.2025) Read More »

HC: Writ dismissed as appeal rejected for pre-deposit default and merits, with no illegality in findings { Digambar Road Lines vs. Commissioner (Appeals), GST, Central Excise & Customs, Bhubaneswar [2025] 180 taxmann.com 574 (Orissa)} Facts Digambar Road Lines had a tax demand confirmed under GST. They filed an appeal but did not make the mandatory …

Judicial Corner : HC: Writ dismissed as appeal rejected for pre-deposit default and merits, with no illegality in findings. (10.12.2025) Read More »

Penalty for non-filling Part-B of e-way bill unsustainable as technical glitch and no intent to evade found {Auto Industries vs. State of Up [2025] 181 taxmann.com 36 (Allahabad} Facts Petitioner, a GST-registered manufacturer, was transporting goods with proper tax invoices and other documents. However, Part-B of the e-way bill could not be updated due to …

Judicial Corner : Penalty for non-filling Part-B of e-way bill unsustainable as technical glitch and no intent to evade found (09.12.2025) Read More »

ITC refund cannot be denied to 100% EOU making zero-rated exports withdrawal order set aside {[2025] 180 taxmann.com 582 (Gujarat)} Facts:   Petitioner was a 100% Export Oriented Unit (EOU) manufacturing goods and exporting them under LUT without payment of GST (zero-rated exports). It procured inputs from domestic suppliers on payment of GST and claimed …

Judicial Corner : ITC refund cannot be denied to 100% EOU making zero-rated exports withdrawal order set aside {[2025] 180 taxmann.com 582 (Gujarat)} (03.12.2025) Read More »

SCN under sec. 74 UPGST Act quashed as it lacked allegations of fraud or intent to evade tax {[2025] 180 taxmann.com 796 (Allahabad)} Facts The department first issued an SCN under Section 73 for certain issues. The assessee submitted a detailed reply. Later, the same officer issued a fresh SCN under Section 74 for the …

Judicial Corner : SCN under sec. 74 UPGST Act quashed as it lacked allegations of fraud or intent to evade tax {[2025] 180 taxmann.com 796 (Allahabad)} (29.11.2025) Read More »

HC quashes demand raised by Dept. as proceedings were pending before issuance of notification omitting Rule 96(10) { Aculife Healthcare (P.) Ltd. vs. Union of India [2025] 179 taxmann.com 490 (Gujarat)}   Facts: The petitioner was issued proceedings/demand under Rule 96(10) alleging wrongful claim of IGST refund on exports. Before the proceedings could be finalized, …

Judicial Corner: HC quashes demand raised by Dept. as proceedings were pending before issuance of notification omitting Rule 96(10) { Aculife Healthcare (P.) Ltd. vs. Union of India [2025] 179 taxmann.com 490 (Gujarat)} (26.11.2025) Read More »

Income tax  The Ministry of Finance (Department of Revenue), vide Notification dated November 19, 2025, has introduced the Capital Gains Accounts (Second Amendment) Scheme, 2025, further refining the Capital Gains Account Scheme, 1988. Issued under sections 54, 54B, 54D, 54F, 54G, 54GA and 54GB of the Income-tax Act, the amendment strengthens the Scheme by formally …

Income Tax:The Ministry of Finance (Department of Revenue), vide Notification dated November 19, 2025, has introduced the Capital Gains Accounts (Second Amendment) Scheme, 2025, further refining the Capital Gains Account Scheme, 1988. (25.11.2025) Read More »

FEMA RBI, vide Notification No. FEMA 23(R)/(7)/2025-RB dated November 13, 2025, has amended the Foreign Exchange Management (Export of Goods & Services) Regulations, 2015. The amendment, issued under Sections 7, 8 and 47(2) of FEMA, extends key time limits governing export transactions. The period under Regulation 9 stands revised from nine months to fifteen months, …

FEMA:RBI, vide Notification No. FEMA 23(R)/(7)/2025-RB dated November 13, 2025, has amended the Foreign Exchange Management (Export of Goods & Services) Regulations, 2015. The amendment, issued under Sections 7, 8 and 47(2) of FEMA, extends key time limits governing export transactions. (25.11.2025) Read More »

DGFT DGFT, vide Trade Notice No. 18/2025-26 dated November 25, 2025, has initiated a comprehensive exercise for collection of information on Export-Related Non-Tariff Measures (NTMs), including testing and certification requirements, pursuant to the Export Promotion Mission (EPM) announced in the Union Budget 2025–26. The initiative forms part of the proposed component titled “Support for Export …

DGFT: DGFT, vide Trade Notice No. 18/2025-26 dated November 25, 2025, has initiated a comprehensive exercise for collection of information on Export-Related Non-Tariff Measures (NTMs), including testing and certification requirements, pursuant to the Export Promotion Mission (EPM) announced in the Union Budget 2025–26. (25.11.2025) Read More »

HC: Matter remanded as authorities failed to consider assessee’s explanation on GSTR-3B and GSTR-2A mismatch {Anjani Seeds and Fertilizers Depo vs. State of Gujarat [2025] 180 taxmann.com 348 (Gujarat)}   Facts Assessee (Anjani Seeds & Fertilizers Depo) received a show-cause notice alleging a mismatch between its GSTR-3B return and GSTR-2A / GSTR-1. Assessee submitted a …

Judicial Corner: HC: Matter remanded as authorities failed to consider assessee’s explanation on GSTR-3B and GSTR-2A mismatch {Anjani Seeds and Fertilizers Depo vs. State of Gujarat [2025] 180 taxmann.com 348 (Gujarat)} (25.11.2025) Read More »

{Xiaomi Technology India Pvt. Ltd. V/s  Principal Commissioner of Customs Appeal No. 40085/2024 Having Final Order no. 41324-41330/2025}   FACTS: DRI found Xiaomi India was not including royalty/licence fees in the assessable value of imported phones and components. Royalty was being paid under multiple agreements but not disclosed to Customs/SVB initially. Show Cause Notices alleged …

Judicial Corner: {Xiaomi Technology India Pvt. Ltd. V/s  Principal Commissioner of Customs Appeal No. 40085/2024 Having Final Order no. 41324-41330/2025} (24.11.2025) Read More »

Appeal permitted beyond limitation as only penalty on admitted tax was under challenge: HC { Tvl. Nagaraj Sellappan vs. State Tax Officer,  Namakkal [2025] 180 taxmann.com 341 (Madras)} Facts: Petitioner did not reply to SCN under Section 74 and an ex-parte order dated 20.03.2023 confirmed tax, interest and penalty. Petitioner later made voluntary payments and …

Judicial Corner: Appeal permitted beyond limitation as only penalty on admitted tax was under challenge: HC { Tvl. Nagaraj Sellappan vs. State Tax Officer, Namakkal [2025] 180 taxmann.com 341 (Madras)} (20.11.2025) Read More »

DGFT  DGFT, vide Notification No. 48/2025-26 dated17.11.2025, has amended the Import Policy under Chapter 71 of the ITC (HS) 2022, Schedule-I (Import Policy). The policy change specifically affects ITC (HS) Code 71131921 relating to articles “Of platinum — Unstudded”. The existing import status of this item, earlier classified as “Free”, has now been revised to …

DGFT: DGFT, vide Notification No. 48/2025-26 dated17.11.2025, has amended the Import Policy under Chapter 71 of the ITC (HS) 2022, Schedule-I (Import Policy). The policy change specifically affects ITC (HS) Code 71131921 relating to articles “Of platinum — Unstudded”. (20.11.2025) Read More »