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Archive: 27 August 2025

Posts in 27 August 2025

Waiver of demurrage not permissible without a seizure, detention, or confiscation

August 27, 2025 1068 Views 0 comment Print

Madras High Court dismisses Modern Line’s plea for demurrage waiver, stating no customs seizure/detention order existed. The court upheld the denial.

Late Return Filed after Sec 142(1) Notice Held Invalid; No 143(2) Notice Required When Return is Invalid

August 27, 2025 1008 Views 0 comment Print

Late Return Filed after Sec 142(1) Notice Held Invalid; No 143(2) Notice Required When Return is Invalid; ITAT Restores Sec 69A Addition to AO

Delay in Filing Service Tax Appeal No Bar, Matter Remanded with 25% Pre-Deposit

August 27, 2025 807 Views 0 comment Print

Court held writ petition maintainable despite appeal delay. Impugned service tax order treated as addendum to SCN. Fresh order to be passed if assessee deposits 25% of disputed tax within 30 days.

ITAT Ahmedabad Set Aside Ex-Parte Orders on Capital Gains & Penalty  

August 27, 2025 732 Views 0 comment Print

ITAT Ahmedabad has remanded a tax reassessment and penalty case to the CIT(A) for fresh adjudication on merits, imposing a cost on the assessee for non-compliance.

Madras HC Directs Customs to Decide on Return of Seized Currency After Hearing

August 27, 2025 666 Views 0 comment Print

The Madras High Court has directed Customs to follow due process within 8 weeks regarding a Malaysian national’s seized Rs. 4 lakh Indian currency, declining immediate return

Madras HC Disposes Writ on Seized Goods, Orders Timely Decision by Customs

August 27, 2025 453 Views 0 comment Print

Madras High Court orders Customs to decide on Jai Jwala Exim’s representation within four weeks regarding seized goods, noting no show cause notice was issued

Allahabad HC Examines GST Rate Dispute: 5% vs 12% on Works Contract Invoice

August 27, 2025 1065 Views 0 comment Print

Allahabad High Court to rule on GST rate for Nikhil Construction, questioning if 5% or 12% applies based on work completion vs. invoice date.

Allahabad HC Quashes GST Order Over Portal Glitch

August 27, 2025 681 Views 0 comment Print

The Allahabad High Court has set aside a GST demand order against Gupta Traders after finding it was uploaded to an obscure portal tab, denying the assessee due notice.

Excess Stock GST Case: Allahabad HC Stays Coercive Action, Directs 10% Tax Deposit

August 27, 2025 816 Views 0 comment Print

The Allahabad High Court has found a prima facie case in a dispute where Section 130 of the GST Act was invoked instead of Section 74, restraining coercive recovery.

GST Appeals Cannot Be Rejected Solely on Delay, Merits Must Be Considered

August 27, 2025 1752 Views 0 comment Print

Punjab & Haryana High Court rules that a GST appeal cannot be rejected solely for a 4-month delay, citing judicial precedents and directing fresh adjudication on merits

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