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Archive: 16 November 2025

Posts in 16 November 2025

Fresh GST Demand Quashed Because Section 61 Reply Had Been Accepted

November 16, 2025 3948 Views 0 comment Print

The Court ruled that a fresh demand under Section 73 cannot be raised when the taxpayer’s explanation under Section 61(2) was already accepted. The decision sets aside the SCN and order issued on the same grounds.

Allahabad High Court Grants Bail in Rs. 32 Crore GST Fraud Case

November 16, 2025 2589 Views 0 comment Print

Court allowed bail to a businessman accused of claiming input tax credit through shell companies, citing completed investigation and documentary evidence. Bail conditions include appearing at trial and avoiding evidence tampering.

Kerala HC Upholds GST Registration Cancellation for Delay in Seeking Remedies

November 16, 2025 555 Views 0 comment Print

he Court dismissed a writ petition challenging GST registration cancellation, noting the petitioner’s failure to file statutory remedies within prescribed timelines.

GSTAT Appeal Needs Mandatory 10% Penalty Pre-Deposit; DRC-03 Not Adjustable

November 16, 2025 2526 Views 0 comment Print

Court held that an appeal must be filed before Tribunal within notified window and directed a 10% penalty pre-deposit. It ruled that earlier tax-related deposits cannot be adjusted, and protected petitioner from coercive action after compliance.

GST Appeal Limitation Starts From Email, Not Failed Portal Upload: Gujarat HC

November 16, 2025 1713 Views 0 comment Print

HC quashed an appellate order rejecting a GST appeal as time-barred, holding appeal was filed within limitation because order was communicated late due to a portal glitch.

GST Registration Cancellation quashed for Defective SCN, No Hearing & Non Speaking Order

November 16, 2025 885 Views 0 comment Print

The court quashed a GST cancellation order issued without proper notice or reasons, emphasizing natural justice and the petitioner’s right to business under Article 19(1)(g).

Transferring Funds from India to the UK Without Triggering 20% TCS

November 16, 2025 2109 Views 0 comment Print

Explains how timing, family LRS limits, and NRO remittances can legally prevent the 20% TCS on foreign transfers. Highlights compliant methods clarified under the tax rules.

Section 151A Breach: ITAT Quashes Reopening, ₹58.68 Cr Bogus Purchase Addition Deleted

November 16, 2025 1329 Views 0 comment Print

 ITAT Chandigarh held that a Section 148 notice issued by the Jurisdictional AO instead of Faceless AO violated statutory provisions, quashing the assessment for AY 2016-17.

Full 80P Deduction Upheld as Nominal Members Counted as ‘Members’ Under State Law

November 16, 2025 1023 Views 0 comment Print

Explains when co-operative societies providing credit to members can claim full deductions under section 80P(2)(a)(i) despite having nominal members.

ITAT Delhi Allows Section 54 Exemption for Property Purchased in Australia

November 16, 2025 1818 Views 0 comment Print

The tribunal ruled that Section 54 benefits apply to property purchased abroad before AY 2015-16, reversing the prior disallowance. Cash deposits in bank accounts without business entries cannot be treated as unexplained credit.

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