Daily Updates

{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 »

Customs  CBIC, vide Notification No. 48/2025-Customs dated 14.11.2025, has introduced amendments to two earlier customs notifications in the public interest. The notification inserts a new entry in Notification No. 27/2011-Customs, granting full customs duty exemption (Nil rate) to Cane Molasses (HSN 1703 10 00). Further, amendments to Notification No. 45/2025-Customs revise the tariff headings under …

Customs: CBIC, vide Notification No. 48/2025-Customs dated 14.11.2025, has introduced amendments to two earlier customs notifications in the public interest. (20.11.2025) Read More »

Where technical error exists in e-way bill without discrepancy in goods or tax evasion intent, penalty under GST Act section 129(3) is unsustainable { Vishnu Singh vs. State of UP [2025] 172 taxmann.com 757 (Allahabad)}   Facts Petitioner: Proprietorship firm (Vishnu Singh) doing civil work contracts. While generating the e-way bill, the petitioner wrongly entered …

Judicial Corner: Where technical error exists in e-way bill without discrepancy in goods or tax evasion intent, penalty under GST Act section 129(3) is unsustainable { Vishnu Singh vs. State of UP [2025] 172 taxmann.com 757 (Allahabad)} (18.11.2025) Read More »

HC: SCN quashed for non-service within statutory three-month window as per sec. 73(2) technical glitch plea rejected {C.H. Robinson Worldwide Freight India (P.) Ltd. vs. Additional Commissioner, CGST-Delhi-South [2025] 180 taxmann.com 300 (Delhi)}   Facts The CGST department issued a Show Cause Notice dated 31 May 2024 to C.H. Robinson Worldwide Freight India Pvt. Ltd., …

Judicial Corner: HC: SCN quashed for non-service within statutory three-month window as per sec. 73(2) technical glitch plea rejected {C.H. Robinson Worldwide Freight India (P.) Ltd. vs. Additional Commissioner, CGST-Delhi-South [2025] 180 taxmann.com 300 (Delhi)} (17.11.2025) Read More »

HC- Adjudication set aside as ITC denial for GSTR-3B/2A mismatch ignored binding CBIC Circular{ Guru Mahesh Medicals vs. Assistant Commissioner of Commercial Taxes Good and Service Tax Office -240 [2025] 180 taxmann.com 224 (Karnataka)} Facts The petitioner (Guru Mahesh Medicals) claimed input tax credit under the GST regime for certain periods. The tax-authority (Assistant Commissioner …

Judicial Corner: HC- Adjudication set aside as ITC denial for GSTR-3B/2A mismatch ignored binding CBIC Circular{ Guru Mahesh Medicals vs. Assistant Commissioner of Commercial Taxes Good and Service Tax Office -240 [2025] 180 taxmann.com 224 (Karnataka)} (15.11.2025) Read More »

HC quashes SCN encompassing 2 tax periods & order passed by 2 different officers on same SCN { Emmanuel Constructions (P.) Ltd. vs. Principal Secretary to the Govt. Finance Department [2025] 180 taxmann.com 77 (Karnataka)} Facts: A common show cause notice was issued to the assessee covering two different assessment periods, and based on this …

Judicial Corner: HC quashes SCN encompassing 2 tax periods & order passed by 2 different officers on same SCN { Emmanuel Constructions (P.) Ltd. vs. Principal Secretary to the Govt. Finance Department [2025] 180 taxmann.com 77 (Karnataka)} (12.11.2025) Read More »

Income Tax: The CBDT has issued Notification No. 159/2025 dated 07.11.2025, granting income-tax exemption under Section 10(46) of the Income-tax Act, 1961 to the Uttarakhand Building and Other Construction Workers Welfare Board, Dehradun. The exemption applies to income from registration fees, cess proceeds, and interest income, subject to the condition that the Board shall not …

Income Tax: The CBDT has issued Notification No. 159/2025 dated 07.11.2025, granting income-tax exemption under Section 10(46) of the Income-tax Act, 1961 to the Uttarakhand Building and Other Construction Workers Welfare Board, Dehradun.(12.11.2025) Read More »

Income Tax The CBDT has issued Notification No. 158/2025 dated 07.11.2025, granting income-tax exemption under Section 10(46) of the Income-tax Act, 1961 to the Haryana Building and Other Construction Workers Welfare Board, Panchkula. The exemption covers registration fees, cess proceeds, and interest income, subject to conditions that the Board does not engage in commercial activities …

Income Tax: The CBDT has issued Notification No. 158/2025 dated 07.11.2025, granting income-tax exemption under Section 10(46) of the Income-tax Act, 1961 to the Haryana Building and Other Construction Workers Welfare Board, Panchkula. (12.11.2025) Read More »

MCA  Rule 11(2) of the Companies (Meetings of Board and its Powers) Rules, 2014 amended to clarify that the term “business of financing industrial enterprises” includes – For NBFCs (RBI-registered): giving loans or providing guarantees/security in the ordinary course of business. For Finance Companies (IFSCA-registered): activities under Regulation 5(1)(ii)(a) or (e) of the IFSCA (Finance …

MCA:Rule 11(2) of the Companies (Meetings of Board and its Powers) Rules, 2014 amended to clarify that the term “business of financing industrial enterprises” (12.11.2025) Read More »

DGFT DGFT has issued Policy Circular No. 05/2025-26 dated 11.11.2025 clarifying the redemption of Advance Authorisations (AAs) affected by the erstwhile Rule 96(10) of the CGST Rules for imports made between 13.10.2017 and 09.01.2019. The clarification addresses difficulties faced by exporters and refers to previous amendments extending IGST and Compensation Cess exemption under the AA …

DGFT: DGFT has issued Policy Circular No. 05/2025-26 dated 11.11.2025 clarifying the redemption of Advance Authorisations (AAs) affected by the erstwhile Rule 96(10) of the CGST Rules for imports made between 13.10.2017 and 09.01.2019. The clarification addresses difficulties faced by exporters and refers to previous amendments extending IGST and Compensation Cess exemption under the AA scheme.(12.11.2025) Read More »

Customs  The CBIC has issued Instruction No. 32/2025-Customs dated 10.11.2025, aligning the ITC (HS) 2022 – Schedule I (Import Policy) with the amendments introduced under the Finance Act, 2025. The update follows DGFT Notification No. 44/2025-26 dated 15.10.2025 and includes changes to ITC (HS) codes, policy conditions, and chapter notes to ensure consistency between customs …

Customs: The CBIC has issued Instruction No. 32/2025-Customs dated 10.11.2025, aligning the ITC (HS) 2022 – Schedule I (Import Policy) with the amendments introduced under the Finance Act, 2025. The update follows DGFT Notification No. 44/2025-26 dated 15.10.2025 and includes changes to ITC (HS) codes, policy conditions, and chapter notes to ensure consistency between customs and trade policy frameworks. (12.11.2025) Read More »

HC- Blocking of ITC under Rule 86A is valid only to the extent of credit available in electronic credit ledger{ Rawman Metal & Alloys vs. Deputy Commissioner of State Tax [2025] 179 taxmann.com 387 (Bombay)} Facts: Assessee’s electronic credit ledger showed a ‘Nil’ balance at the time the department invoked Rule 86A of the CGST …

Judicial Corner:HC- Blocking of ITC under Rule 86A is valid only to the extent of credit available in electronic credit ledger{ Rawman Metal & Alloys vs. Deputy Commissioner of State Tax [2025] 179 taxmann.com 387 (Bombay)} (11.11.2025) Read More »

HC remanded matter as AO didn’t consider applicability of circulars referred by assessee{ Amman Try Trading Company (P.) Ltd. vs. State Tax Officer – V (RS) [2025] 180 taxmann.com 30 (Madras)}   Facts: Assessee had given a corporate guarantee to a related party, and the department demanded GST on it treating it as a supply …

Judicial Corner : HC remanded matter as AO didn’t consider applicability of circulars referred by assessee{ Amman Try Trading Company (P.) Ltd. vs. State Tax Officer – V (RS) [2025] 180 taxmann.com 30 (Madras)} (10.11.2025) Read More »

Supreme Court ruled that bona fide buyers can claim ITC even if the seller doesn’t deposit tax, provided transactions are genuine and there’s no collusion. { Commissioner Trade and Tax Delhi vs. M/s Shanti Kiran India (P) Ltd. (CA Nos. 2042-2047/2015 & 9902/2017)}   Facts: The purchasing dealer (Shanti Kiran India Pvt. Ltd.) had purchased …

Judicial Corner: Supreme Court ruled that bona fide buyers can claim ITC even if the seller doesn’t deposit tax, provided transactions are genuine and there’s no collusion. { Commissioner Trade and Tax Delhi vs. M/s Shanti Kiran India (P) Ltd. (CA Nos. 2042-2047/2015 & 9902/2017)} (07.11.2025) Read More »

HC remanded matter as no reply to SCN was filed due to limited access to GST portal after suspension of registration { Deep Autotec (P.) Ltd. vs. Sales Tax Officer Class II Avato [2025] 179 taxmann.com 345 (Delhi)} Facts: The petitioner-company’s GST registration was suspended, due to which it had limited access to the GST …

Judicial Corner: HC remanded matter as no reply to SCN was filed due to limited access to GST portal after suspension of registration { Deep Autotec (P.) Ltd. vs. Sales Tax Officer Class II Avato [2025] 179 taxmann.com 345 (Delhi)} (05.11.2025) Read More »

Income Tax  CBDT has announced that the Income Tax Act, 1961 will stand repealed with effect from 01.04.2026, in accordance with Section 536 of the Income Tax Act, 2025. Further, under Section 397(3)(f) of the new Act, a deductor/collector may file a correction statement within two years from the end of the relevant tax year. …

Income Tax: CBDT has announced that the Income Tax Act, 1961 will stand repealed with effect from 01.04.2026, in accordance with Section 536 of the Income Tax Act, 2025.(04.11.2025) Read More »

Customs CBIC, vide Instruction No. 31/2025-Customs dated 03.11.2025, has notified the inclusion of Kannur International Airport, Kerala as an additional Point of Entry for import of food items under the Food Safety and Standards (FSS) Act, 2006 and FSS (Import) Regulations, 2017. The Superintendent/Appraiser/Inspector/Examiner at Kannur International Airport have been designated as Authorised Officers for …

Customs: CBIC, vide Instruction No. 31/2025-Customs dated 03.11.2025, has notified the inclusion of Kannur International Airport, Kerala as an additional Point of Entry for import of food items under the Food Safety and Standards (FSS) Act, 2006 and FSS (Import) Regulations, 2017.(04.11.2025) Read More »

Where amount of penalty and interest raised in order was beyond amount specified in show cause notice, such order was in violation of provisions of section75(7) and could not be sustained {Shri Radhe Contractor vs Union of India [2025] 179 taxmann.com 450 (Allahabad)}   Facts of the Case Petitioner was issued a show cause notice …

Judicial Corner: Where amount of penalty and interest raised in order was beyond amount specified in show cause notice, such order was in violation of provisions of section75(7) and could not be sustained {Shri Radhe Contractor vs Union of India [2025] 179 taxmann.com 450 (Allahabad)} (03.11.2025) Read More »