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Archive: 05 November 2025

Posts in 05 November 2025

No jurisdiction in the hands of Customs Authorities to issue directions under GST Law

November 5, 2025 891 Views 0 comment Print

Where the Commissioner of Customs issued a Public Notice directing Container Freight Stations (CFSs) not to collect GST on auction sales of uncleared cargo under Section 48 of the Customs Act, 1962, such notice was without jurisdiction, as the levy of GST was governed by the CGST Act and not by the Customs authorities.

GST Registration Cannot Be Cancelled Retroactively Without specific SCN

November 5, 2025 417 Views 0 comment Print

The Andhra Pradesh High Court set aside a GST cancellation order, ruling that the retrospective cancellation date was invalid as the show-cause notice failed to explicitly propose it.

Refund was allowable under Notification No. 102/2007-Customs on Commercial Invoices even if without SAD Endorsement

November 5, 2025 768 Views 0 comment Print

Refund of Special Additional Duty (SAD) could not be denied merely because commercial invoices did not carry the endorsement required under Notification No. 102/2007-Customs, when all other substantive requirements were satisfied.

Business Loss of ₹7.66 Cr from NSEL Suspension was allowable as bad debt u/s 36(1)(vii)

November 5, 2025 522 Views 0 comment Print

Loss of ₹7.66 Crore was allowable as bad debt deduction under Section 36(1)(vii), recognising the loss as a genuine business loss arising from NSEL’s operational suspension.

Delhi HC Allows Petitioners to Seek Anticipatory Bail in GST Case

November 5, 2025 1137 Views 0 comment Print

Delhi High Court permitted petitioners to seek anticipatory bail under Cr.P.C. Section 438 for CGST offences, citing the Supreme Court’s clarification in the Radhika Agarwal case. The interim protection was extended for two weeks to allow the petitioners to apply for bail.

Victimology: Law, Compensation and AI Integration in India

November 5, 2025 567 Views 0 comment Print

Victimology focuses on victim rights and rehabilitation under CrPC/BNSS and NALSA. It leverages AI and digital platforms for support, compensation (CVCF), and restorative justice.

GST on Flavoured Milk: Kerala HC Orders Fresh Assessment at 5% Rate

November 5, 2025 552 Views 0 comment Print

Court directed a fresh assessment, holding that flavoured milk is correctly classified as milk with added sugar (Entry 0402). This classification takes precedence over general beverage entry, ensuring lower 5% GST rate applies.

SC directs consideration of Charitable Status as per AUDA Judgment

November 5, 2025 1155 Views 0 comment Print

Supreme Court ruled that High Court erred by dismissing Revenue’s appeal based only on old precedent without examining current facts. Judgment emphasizes that new AUDA tests must be applied to specific factual situation of Development Authority.

Section 148 Notice Issued After Limitation Quashed by Karnataka High Court

November 5, 2025 1605 Views 0 comment Print

Karnataka High Court held that a reassessment notice issued on 7 May 2024 for AY 2017–18 was beyond six-year limitation period under Section 149 of Income Tax Act and therefore invalid.

Delay in 80G Application Can Be Condoned Under Amended Law: ITAT Chennai

November 5, 2025 2061 Views 0 comment Print

ITAT Chennai set aside the rejection of an 80G registration application, holding that the prescribed timelines are directory, not mandatory. The Tribunal directed the CIT(E) to process the delayed application on its merits under the amended law.

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