Supreme Court Strikes Down 25-Year Practice Requirement for CAs to Become Tribunal Members

In a significant development impacting tribunal appointments across the country, the Supreme Court has struck down the rule that mandated a minimum of 25 years of practice for chartered accountants (CAs) to qualify as technical members of tribunals, including the Income Tax Appellate …

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ITC Cannot Be Denied Solely Due to Retrospective Cancellation of Supplier’s GST Registration: Calcutta High Court

The Calcutta High Court, in a significant ruling dated 4 November 2025 in [2025] 180 taxmann 415, held that retrospective cancellation of a supplier’s GST registration cannot, by itself, be a valid ground for denying input tax credit (ITC) to a bona fide purchaser. The Court …

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AAR Rejects Advance Ruling Application as Classification and Exemption Issues Were Already Under Departmental Examination

The advance ruling mechanism under GST is designed to provide taxpayers with clarity and predictability on critical issues such as classification, tax rates, and exemptions. However, this remedy is subject to strict limitations to prevent conflicting decisions and parallel adjudication. …

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Section 73 Proceedings Not Time-Barred Due to COVID-19 Limitation Exclusion; Matter Remanded for Fresh Consideration: Madras High Court

In a significant ruling on GST limitation issues, the Madras High Court held that proceedings initiated under Section 73 of the CGST Act cannot be treated as time-barred when the timeline stands extended by the Supreme Court’s COVID-19 limitation orders. The Court …

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Late Filing of Audit Report Won’t Disentitle Trust from Section 11 Exemption If It Was Duly Registered U/s 12A: ITAT Pune

The Pune Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that a delay in filing the audit report in Form 10B will not deprive a charitable trust of exemption under Section 11, provided it is duly registered under Section 12A and has otherwise …

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Refund Claims Time-Barred Despite Non-Obstante Clause Under Section 142(5) CGST Act: CESTAT Rejects Mahindra Holidays’ Appeal

In a significant ruling, the Chennai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the non-obstante clause in Section 142(5) of the CGST Act, 2017 cannot override the limitation period prescribed under Section 11B of the Central Excise Act, …

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Education Consultancy Treated as Intermediary When Commission Is Linked to Student Enrolment: Kerala AAR

In a recent ruling, the Kerala Authority for Advance Ruling (AAR) has clarified that education consultancy firms earning commission based on student enrolments for foreign universities will be treated as “intermediaries” under GST law, and not as providers of independent export services. …

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Timeline for Filing Bankruptcy Application Under IBC Held to Be Directory, Not Mandatory: NCLT Kochi

The National Company Law Tribunal (NCLT), Kochi Bench, in Kerala Financial Corporation v. Dr. Bharath Chandran & Dr. Ashalatha Nair (Order dated 03 September 2025), held that the timeline prescribed under Section 121(2) of the Insolvency and Bankruptcy Code (IBC), 2016, for filing …

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Supreme Court Bars Use of ‘Split Multiplier’ in Motor Accident Compensation — Income at Time of Death to Be the Sole Basis for Assessment

The Supreme Court of India, in the landmark judgment Preetha Krishnan & Others v. United India Insurance Co. Ltd. & Others [2025 LiveLaw (SC) 1073], has categorically prohibited the use of the “split multiplier” method in the computation of compensation …

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Delayed TDS Deposit Without Proof of Hardship Leads to Conviction under Section 276B; Sentence Reduced to Admonition as Dues Paid: Delhi High Court

In a significant ruling on TDS compliance and prosecution under the Income-tax Act, the Delhi High Court in ITO (TDS) v. Delhi Iron & Steel Co. Pvt. Ltd. [[2025] 179 taxmann 643 (Delhi)] held that delay in depositing TDS without proof of genuine hardship constitutes an offence …

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ITAT: Retrospective Benefit of Section 12AA Registration — Society Eligible for Exemption u/s 11 & 12 for Earlier Years under First Proviso to Section 12A(2)

In a significant ruling, the Income Tax Appellate Tribunal (ITAT), Indore Bench, held that a society registered under section 12AA in 2021 could still claim exemption under sections 11 and 12 for an earlier year, i.e., Assessment Year 2018-19, by virtue of the first proviso to section …

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