Tax Monthly Digest: October 2025

SUPREME COURTSupreme Court Issues Notice To IndiGo On Plea Of Customs Dept & GST Council Against Ruling On IGST Exemption For Imported PartsCase : Principal Commissioner of Customs Acc (Import) and others v. Interglobe Aviation LtdCase no.: Diary No. 49140-2025The Supreme Court on Monday sought a response from IndiGo's parent company, InterGlobe Aviation, on a petition filed by the Customs Department challenging a Delhi High Court ruling that exempted the airline from paying Integrated Goods and Services Tax (IGST) on imported aircraft parts that were repaired and serviced abroad.A Bench comprising Justice BV Nagarathna and Justice R Mahadevan issued notice to InterGlobe Aviation while hearing the department's plea against the March 2024 judgment of the Delhi High Court, which had quashed a portion of a customs notification that mandated IGST payment on the import of repaired aircraft engines and components.Supreme Court Upholds Tax On Ink & Chemicals Used To Print Lottery Ticket; Says Their 'Deemed Sale' Occurs With Lottery SaleCause Title: M/S. ARISTO PRINTERS PVT. LTD. VERSUS COMMISSIONER OF TRADE TAX, LUCKNOW, U.P.The Supreme Court on Tuesday (October 7) held that the ink and chemicals used in printing the lottery tickets is a taxable item under the Uttar Pradesh Trade Tax Act, 1948 (“Act”).A bench of Justices JB Pardiwala and KV Viswanathan dismissed the appeal filed by an assessee, who is engaged in the business of printing lottery tickets and had been taxed on the value of ink and chemicals used in the printing process. While the Appellate Authority and Tribunal set aside the levy holding these materials were consumed rather than a transferrable good, the High Court restored the tax leading to an appeal before the Supreme Court.ITC Cannot Be Denied To Bona Fide Purchasers If Seller Defaults On Tax Payment : Supreme CourtCase Title: THE COMMISSIONER TRADE AND TAX DELHI vs M/S SHANTI KIRAN INDIA (P) LTDCase Number: CIVIL APPEAL NO(S).2042-2047/2015The Supreme Court recently held that the Input Tax Credit (ITC) on goods purchased from registered dealers cannot be denied to bona fide purchasers merely because the seller failed to deposit the Value Added Tax (VAT) with the government.A bench of Justice Manoj Misra and Justice Nongmeikapam Kotiswar Singh observed that there was no infirmity in the order of Delhi High Court granting credit to the respondent, a bonafide purchaser.“We do not find a good reason to interfere with the order of the High Court directing for grant of ITC benefit after due verification.,” while dismissing a batch of appeals filed by the Delhi Trade and Tax Department.Non-Resident Company Need Not Have Permanent Office In India To Be Taxed On Income Accruing Here : Supreme CourtCase : Pride Foramer S.A. v Commissioner of Income TaxThe Supreme Court has clarified that under the Income Tax Act, a non-resident company can be taxed in India on income that accrues or arises from a business connection within the country, even if it does not maintain a permanent office or physical establishment here.A Bench of Justice Manoj Misra and Justice Joymalya Bagchi, in its judgment examined the scope of Sections 4, 5(2), and 9(1)(i) of the Income Tax Act, 1961, and held that the statute does not make it mandatory for a non-resident assessee to have a “permanent establishment” in India to be considered as carrying on business in the country. The Court explained that what determines tax liability is whether the income has accrued or arisen, directly or indirectly, through any business connection in India.Supreme Court To Examine If Transfer Of Leasehold Rights Attracts GSTCase no. – Special Leave Petition (Civil) Diary No. 52380/2025Case Title – Union Of India & Anr. v. M/S Life Sciences Chemicals & Anr.The Supreme Court is set to examine whether the assignment of leasehold rights constitutes a “transfer of land” or amounts to a “supply of service” under the Goods and Services Tax (GST) regime.A bench of Justice Pankaj Mithal and Justice Prasanna B. Varale was dealing with Centre's plea challenging a Gujarat High Court judgment that held that assignment of leasehold rights in land and building does not amount to a taxable supply under the GST Act.Automobile Dealers Association Moves Supreme Court Over Compensation Cess Lapse After GST 2.0 Reforms, Claims Loss Of Rs.2500 CrCase Title: FEDERATION OF AUTOMOBILE DEALERS ASSOCIATION v. UNION OF INDIADiary No. 60671/2025The Federation of Automobile Dealers Association has moved the Supreme Court seeking relief related to compensation cess input tax credit worth Rs.2500 crores, which stands locked in dealers ledgers as a consequence of recent revision in the Goods and Services Tax (GST) framework.Briefly put, a notification issued on September 17 scrapped the compensation cess on motor vehicles. This was done, as per the FADA, "without providing any transitional or refund mechanism". Therefore, dealers' accumulated compensation cess lapsed on September 22...

Tax Monthly Digest: October 2025

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