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Archive: 21 November 2025

Posts in 21 November 2025

DRAT Orders Status Quo on Property, Conditional on Appellant’s Partial Deposit

November 21, 2025 279 Views 0 comment Print

The appellate tribunal restrained the bank from taking physical possession of the property until disposal of the pending application or the three-month period, ensuring fair treatment of the appellant.

Invalid 153C Satisfaction Note – No Nexus Between Seized Diary & Assessee; Addition Deleted

November 21, 2025 402 Views 0 comment Print

The Tribunal held that a cash ledger found during a third-party search could not trigger Section 153C when the assessee’s name was absent. It ruled that additions fail without a direct link to the assessee.

CESTAT Sets Aside Confiscation as BIS Order was Not in Force at Time of Import

November 21, 2025 675 Views 0 comment Print

The Tribunal held that the Stainless Steel Products (Quality Control) Order, 2016 was not in force at the time of shipment in January 2017. The import was cleared as BIS marking was not required, setting aside previous confiscation orders.

Kerala HC Orders Probe into GST Evasion on Frozen Chicken

November 21, 2025 549 Views 0 comment Print

High Court directs authorities to investigate sale of frozen chicken at 0% GST instead of 5%, ensuring enforcement action against potential tax evasion.

Defective Affidavit Leads to Dismissal of 317-Day Late Appeal

November 21, 2025 234 Views 0 comment Print

ITAT Jaipur dismissed the appeal as time-barred since it was filed 317 days late. The affidavit filed lacked sufficient cause, proper verification, and supporting evidence, leading to rejection of the condonation application.

Orissa HC Rejects Faceless SOP Breach Claim, Directs Taxpayer to Use Statutory Appeal Route

November 21, 2025 831 Views 0 comment Print

High Court dismisses writ petition alleging SOP breach in faceless assessment, advising the taxpayer to seek remedy through the statutory appellate process under the Income Tax Act.

Section 263 Order Quashed for Wrongly Alleging Lack of Enquiry – What ITAT Clarified

November 21, 2025 705 Views 0 comment Print

ITAT held that Section 263 cannot be invoked when the AO has already examined the issues and applied his mind. Key takeaway: Mere preference for deeper enquiry does not make an assessment erroneous.

Section 74 Cannot be used to Reassess Finalised Service Tax Liabilities: Bombay HC

November 21, 2025 780 Views 0 comment Print

The Court confirmed that the Joint Commissioner could not rectify another authority’s order under Section 74, and the petitioner must use statutory appeal mechanisms.

Allahabad HC Quashes GST Registration Cancellation, Orders Fresh SCN & Personal Hearing

November 21, 2025 462 Views 0 comment Print

Allahabad HC quashed GST cancellation order and appellate rejection, directing department to issue a fresh show cause notice and grant a personal hearing.

Section 271D Penalty Cannot Be Levied Without Recorded Satisfaction: Gujarat HC

November 21, 2025 876 Views 0 comment Print

Gujarat High Court upheld the deletion of a Section 271D penalty, ruling that the assessment order did not record satisfaction for initiating proceedings. No substantial question of law was found, and the appeal was dismissed.

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