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Archive: 30 October 2025

Posts in 30 October 2025

Section 271B Penalty Automatically Lapses When quantum assessment set aside

October 30, 2025 1083 Views 0 comment Print

The ITAT Delhi deleted the penalty imposed under Section 271B for failure to get accounts audited, ruling that the penalty cannot survive once the original quantum assessment (which determined the high turnover) is set aside. Since the AO later accepted the returned income, the statutory basis for the penalty lapsed.

Can CBIC Circulars Assign Proper Officers for GST Penalty Provisions?

October 30, 2025 1971 Views 0 comment Print

An analysis of CBIC Circular 254/11/2025-GST questioning its legal validity to assign proper officers for Section 122 GST penalties via a circular, not the Act or rules.

Termination Void as Vendor Accepted Payment After Expiry: SC Restores Specific Performance

October 30, 2025 5598 Views 0 comment Print

The Supreme Court mandated specific performance for a property sale, ruling that the vendor’s acceptance of an extra payment after the initial period expired constituted a waiver of the right to terminate. The Court restored the sale decree, affirming that time is not automatically the essence in immovable property contracts.

GST Order Lacking DIN is Invalid, Not Void: AP HC

October 30, 2025 1875 Views 0 comment Print

Andhra Pradesh HC rules GST assessment orders without a Document Identification Number (DIN) are invalid, but remain effective and enforceable until set aside.

GST: Single Notice for Multiple Years is Prohibited – Madras HC

October 30, 2025 1575 Views 0 comment Print

Madras HC rules single GST show cause notice/assessment order for multiple financial years is impermissible. Each year requires a separate notice.

Delhi HC Quashes 17-Year-Old Attempt To Murder Case Against Madhu Kishwar

October 30, 2025 489 Views 0 comment Print

Delhi High Court quashes 17-year-old attempt to murder FIR against Madhu Kishwar, citing it as a “maliciously motivated counter blast” by the complainant.

Customs Advance Ruling Inductor classifiable Under CTI 85045090: CAAR Mumbai

October 30, 2025 933 Views 0 comment Print

CAAR Mumbai confirms Inductors, Chip Inductors, and related products are correctly classified as Other Inductors under Customs Tariff Item 85045090. This classification is based on the General Rules for Interpretation and Section XVI Notes.

Customs Housing Agent must exercise due diligence over wrongdoings of employees

October 30, 2025 633 Views 0 comment Print

:While the Customs Broker was negligent in exercising due supervision over its employee, permanent revocation of licence was an excessive penalty. Applying the principle of proportionality, the revocation was modified to a limited period of four years with specific monetary deposits and compliance conditions.

Sea Cargo Manifest and Transshipment (Fourth Amendment) Regulations, 2025

October 30, 2025 750 Views 0 comment Print

CBIC’s Notification 61/2025-Customs amends the Sea Cargo Manifest Regulations, 2018. The new rule extends the deadline at Sr. No. 6 of the TABLE to December 31, 2025.

No condonation of delay in GST Appeal as statutory limitation u/s 107 (4) was absolute and couldn’t be extended

October 30, 2025 747 Views 0 comment Print

The strict 4-month statutory limitation period for filing a GST appeal under Section 107 could not be condoned, as the provision created a special regime that excluded the general principles of condonation of delay under the Limitation Act.

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