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Date 16 Jun 2025
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Private University Wins Tax Exemption Battle, Proves Educational Charitable Purpose Under Section 80G(5) Income Tax Act
A private university sought approval under Section 80G(5) of the Income Tax Act, which was initially rejected by the tax authorities. The university argued it was established for charitable educational purposes, with substantial infrastructure, student enrollment, and research activities. The Income Tax Appellate Tribunal found the rejection order arbitrary and lacking substantive reasoning, setting aside the order and directing reconsideration. The High Court subsequently supported the tribunal's decision, instructing the department to comprehensively review the university's application with proper hearing.
Date 14 Jun 2025
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Tax Authority Must Grant Personal Hearing on Input Tax Credit Rectification Application Within Reasonable Time
A tax dispute arose involving an input tax credit claim by a company. The Delhi High Court directed the tax authority to provide a personal hearing regarding a pending rectification application. The court disposed of the writ petition without ruling on the demand's merits, instructing the authority to communicate the hearing date through official portal and counsel. All legal rights and remedies of the company were preserved.
Date 14 Jun 2025
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Selective Duty Exemptions for Titanium Dioxide Imports Introduced, Mandating Precise Electronic End-Use Declarations and Compliance
Concise Legal Summary:The article analyzes a new customs circular addressing anti-dumping duties on titanium dioxide imports. The circular introduces selective duty exemptions for critical sectors including food, pharmaceuticals, skincare, textiles, and nano-applications. Importers must now electronically declare the specific end-use of titanium dioxide at customs clearance, with potential penalties for misdeclaration. The approach aims to balance trade protection with industrial and economic considerations, requiring precise documentation and compliance from importers across various industries.
Date 14 Jun 2025
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Interactive vs. Standard Display Panels: Customs Duty Clarified Under Revised Classification Rules for Technical Specifications
The Central Board of Indirect Taxes and Customs issued a circular clarifying customs duty classification for interactive flat panel displays and monitors. The circular distinguishes between interactive and standard monitors based on technical features like touch capability, screen size, and interactivity. It establishes a 20% duty rate for interactive displays and 10% for standard monitors, removing previous compliance conditions. The guidance aims to provide clarity for importers and customs authorities in classifying and taxing display devices.
Date 14 Jun 2025
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Supreme Court Narrows Input Tax Credit Refund Scope, Emphasizing Legislative Discretion in GST Regime Under Section 54(3)
A legal analysis of Input Tax Credit (ITC) refund under GST reveals conflicting judicial interpretations. The Supreme Court strictly construes Section 54(3), limiting ITC refunds to specific scenarios involving zero-rated supplies and tax rate differentials. The court emphasizes that refunds are a legislative concession, not a constitutional right, and Parliament retains discretion in defining refund circumstances. This interpretation contrasts with a more permissive Sikkim High Court ruling, creating potential legal uncertainty regarding ITC refund eligibility.
Date 13 Jun 2025
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Tax Breaks for Job Creation: 30% Deduction Offered to Businesses Expanding Workforce and Generating New Employment Opportunities
Section 80JJAA provides tax incentives for creating new employment. The provision allows a 30% deduction on additional employee costs for businesses that increase their workforce. Key recommendations include expanding the scope to professionals, increasing the monthly salary limit beyond Rs. 25,000, simplifying complex compliance requirements, and waiving certain conditions like provident fund participation. The goal is to promote employment generation and provide more flexible tax benefits for businesses creating new jobs.
Date 13 Jun 2025
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Accountants in India Evolve: From Tax Compliance to Strategic Tech-Driven Advisory Roles Transforming Business Landscapes
The article examines the transformative role of accountants in India's GST regime over the next five years, highlighting the shift from traditional compliance to technology-driven strategic advisory. As AI, e-invoicing, and automated systems reshape tax administration, accountants must develop new skills in data analytics, technology integration, and business insights. The future accountant will be a tech-savvy advisor focused on strategic guidance, ethical data management, and value-added services rather than routine tax filing.
Date 13 Jun 2025
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Taxpayer Wins: Honest Tax Credit Mistake Doesn't Warrant Punitive Action Under GST Rules
A GST-registered dealer mistakenly classified Integrated GST (IGST) credit as Central and State GST in their tax filing. Tax authorities demanded credit reversal, but the Kerala High Court intervened. The court extensively quoted an Assistant Commissioner's order, recognizing that technical misclassification without revenue loss should not trigger punitive action. The judgment emphasizes substance over procedural form and highlights administrative competence in tax dispute resolution.
Date 13 Jun 2025
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Automated Shipping Bill Amendments Streamline Export Processes Under Section 149, Enabling Electronic Post-Export Modifications Within One Year
A new customs circular introduces an automated mechanism for post-export amendments to shipping bills. The regulation enables electronic processing of changes under Section 149 of the Customs Act, with specific approval requirements for sensitive fields like port details, invoice value, and goods description. Exporters can file post-export conversions within one year, with provisions for scheme transfers and benefit reversals, aimed at simplifying export documentation and enhancing business efficiency.
Date 13 Jun 2025
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Customs Circular Revolutionizes Personal Carriage Imports and Exports with Digital Documentation and Streamlined Clearance Protocols
The Central Board of Indirect Taxes & Customs issued Circular No. 09/2025-Customs to streamline import and export procedures through personal carriage. The directive covers goods transported via designated airports, mandating electronic processing of shipping documents, establishing clear procedures for importers and exporters, and introducing standardized customs clearance protocols. The circular aims to minimize logistics delays, digitize documentation, and enhance trade facilitation across key sectors like gems, jewelry, and industrial prototypes.
Date 13 Jun 2025
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LLP Partners Must File Annual Forms 8 and 11 with MCA or Face Penalties and Risk Business Deregistration
LLP annual filing is a mandatory compliance requirement for limited liability partnerships in India. Entities must submit two forms annually: Form 8 for financial statements and Form 11 for partner details. The filing process involves preparing documents, logging into the MCA portal, uploading forms, attaching required documents, paying fees, and completing verification. Late filings incur penalties of Rs. 100 per day, with potential risk of being struck off if consistently non-compliant.
Date 12 Jun 2025
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Exporters Must Precisely Calculate and Document RoDTEP Annual Returns to Avoid Claim Disqualification and Potential Penalties
Exporters filing RoDTEP Annual Returns must carefully navigate complex calculations and reporting requirements. Key areas of potential error include incorrect allocation of duties and taxes, miscalculation of fuel-related expenses, inappropriate electricity duty computation, and improper GST embedded in unregistered dealer purchases. Inaccurate reporting may lead to potential refund or surrender of RoDTEP claims, necessitating meticulous documentation and justifiable calculation methods.
Date 12 Jun 2025
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Procedural Flaws Invalidate GST Verification: Lack of Witness and Proper Documentation Leads to Registration Restoration
A GST department official conducted a physical verification of a business premises without a witness, finding the location locked. The high court ruled that such verification must be done in the presence of a person, with statements from nearby shop owners, and countersigned by witnesses. The court quashed the cancellation order, restored the business registration, and awarded costs, emphasizing procedural compliance in administrative actions.
Date 12 Jun 2025
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