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Archive: 20 May 2025

Posts in 20 May 2025

Jharkhand Inspection Fee Levy Under 2019 Rules Declared Unconstitutional by HC

May 20, 2025 336 Views 0 comment Print

Jharkhand High Court held that Jharkhand Right of Children to Free and Compulsory Education (First Amendment) Rules, 2019 levying application/ inspection fee of Rs. 25,000/- or Rs. 12,500/- are declared unconstitutional and are struck down.

Revenue Cannot Debit GST Ledger After payment of Pre-Deposit for Appeal

May 20, 2025 1200 Views 0 comment Print

Calcutta High Court rules GST authorities cannot debit taxpayer ledger once mandatory pre-deposit for appeal to Appellate Tribunal is paid.

Madras HC Directs ITO on Pending Income Tax Refund within 6 weeks

May 20, 2025 489 Views 0 comment Print

Madras High Court directs Income Tax Officer to consider representation for a ₹3.09 lakh tax refund for AY 2015-16 within six weeks, following a writ petition by Thirumalai Ramesh S.

Section 153C Limitation starts from Date AO receives Documents: Delhi HC

May 20, 2025 687 Views 0 comment Print

Delhi High Court rules that the limitation period under Section 153C of the Income Tax Act begins from the date the Assessing Officer receives the seized documents, quashing an assessment notice for AY 2015-16.

Pre-Show Cause Consultation Not Mandatory if ST-3 Return Not Filed: Patna HC

May 20, 2025 579 Views 0 comment Print

Patna High Court held that demand cum show cause notice without pre-show cause consultation as per Master Circular No. 1053/02/2017-CS dated 10.03.2017 justified since petitioner has failed to furnish requisite return in Form ST-3.

Representative’s Hospitalization: Madras HC Sets Aside Order, Grants Fresh Hearing Opportunity

May 20, 2025 819 Views 0 comment Print

Madras High Court sets aside an assessment order, granting a taxpayer opportunity to respond to notices after their authorized representative’s hospitalization for surgery.

Section 75(12) of CGST Act not invocable post self-assessed tax included in return filed u/s. 39

May 20, 2025 2841 Views 0 comment Print

Calcutta High Court held that once, the self-assessed tax as per Section 37 is included in the return furnished under Section 39 of the CGST Act, Section 75(12) of the CGST Act can no longer be invoked for recovery.

Anticipatory Bail Granted in ₹75 Cr GST ITC Fraud Case

May 20, 2025 5598 Views 0 comment Print

Patiala House Courts grants anticipatory bail to a director in a ₹75 crore fake GST ITC fraud case, emphasizing cooperation and documentary evidence.

Printout from Pen Drive Invalid Without Section 138C Certificate – Customs Act

May 20, 2025 627 Views 0 comment Print

The decisions also hold that if the data is not stored in the computer but officers take out a printout from the hard disk drive by connecting it to the computer, then a certificate under section 36B of the Central Excise Act is mandatory.

Service tax order set aside as passed after 3 years with no reason explained

May 20, 2025 1233 Views 0 comment Print

Patna High Court held that delay of about three years in passing of service tax order with no reason explained for the delay is not justifiable. Accordingly, appeal is allowed and order is liable to be set aside.

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