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Archive: 21 November 2025

Posts in 21 November 2025

516gm Gold Chain Not Personal Effect: Delhi HC Upholds Customs Confiscation

November 21, 2025 303 Views 0 comment Print

The Court dismissed the petition seeking release of seized gold, noting that the 2018 confiscation order was never challenged. The ruling held that no interference was warranted at this stage.

Section 16(6) Doesn’t Create Right to Restore GST Registration solely for ITC Claims: Kerala HC

November 21, 2025 1638 Views 0 comment Print

The Court held that GST registration cannot be restored solely to claim ITC under Section 16(6) when the taxpayer voluntarily cancelled registration. The ruling confirms that Section 16(6) applies only where cancellation has been lawfully revoked.

Section 263 Revision Quashed as Capital Gains Must Reflect Only Real Income

November 21, 2025 270 Views 0 comment Print

The Tribunal held that amounts paid directly to a confirming party did not accrue to the seller and could not be treated as capital gains. The Section 263 revision was invalidated because the assessment was neither erroneous nor prejudicial to the Revenue.

HC Sets Aside Suspension for Inaction on Bogus GST Firm as Officer Was on Leave and Later Transferred

November 21, 2025 5196 Views 0 comment Print

The Court set aside a suspension issued for not acting against a bogus GST firm, noting the officer was on sanctioned leave and later transferred. The ruling permits inquiry proceedings to continue but removes the suspension.

GST Pre-Deposit Applies Only to Disputed Tax, Delay Due to Illness Accepted: Calcutta HC

November 21, 2025 417 Views 0 comment Print

Court condoned a 27-day delay in filing an appeal and held that pre-deposit must be computed only on disputed tax. The matter was remanded for fresh calculation and reconsideration.

No interest leviable u/s. 50 of GST Act from date of deposit in electronic cash ledger till filing of GSTR-3B

November 21, 2025 525 Views 0 comment Print

Gujarat High Court held that interest under section 50 of the GST Act cannot be levied from the date of deposit of the amount in electronic cash ledger till the time the return in Form GSTR3B is submitted. Accordingly, petition is allowed.

Ex-Parte Assessment Remanded as Assessee Was Abroad & Notice not Communicated by Consultant

November 21, 2025 225 Views 0 comment Print

The Tribunal remanded the matter after noting that both assessment and appellate orders were passed ex parte. The case was returned to the AO with directions to provide the assessee a fresh opportunity upon payment of costs.

Penalty Deleted as Incorrect Carry-Forward Loss Claim was Bona Fide Error: ITAT Chandigarh

November 21, 2025 255 Views 0 comment Print

The Tribunal held that the incorrect carry-forward loss claim arose from an inadvertent mistake and was not deliberate. The penalty was deleted after noting absence of concealment or inaccurate particulars.

Import of parts of e-rikshaw without essential components not to be presumed as import of e-rikshaw in CKD/SKD

November 21, 2025 474 Views 0 comment Print

CESTAT Delhi held that import of parts of e-rikshaw cannot be presumed to be import of an e-rikshaw in complete knocked-down/semi knocked-down [CKD/SKD] condition as three essential components were not imported. Accordingly, demand set aside.

Reassessment Quashed – Section 151 Approval Held Mechanical; No Application of Mind by PCIT

November 21, 2025 480 Views 0 comment Print

The Tribunal held that reopening was invalid as the sanctioning authority recorded only a one-word approval. Key takeaway: Mechanical approval without reasoning vitiates jurisdiction under Section 147.

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