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Archive: 27 November 2025

Posts in 27 November 2025

HC Sets Aside GST Penalty Exceeding SCN; Matter Remanded for Fresh Decision

November 27, 2025 525 Views 0 comment Print

The High Court held that a penalty exceeding the amount proposed in the show cause notice violated statutory limits, setting aside the penalty order and remitting the matter for fresh consideration.

Penalty based on Loose Sheets/Ledger Without supporting proof not Valid

November 27, 2025 297 Views 0 comment Print

The Tribunal held that penalty under section 270A could not stand because the JPACK ledger titled “SABARI” was not proven to belong to the assessee. The ruling emphasises lack of corroborative evidence and inconsistencies in the seized material.

Full TDS Credit Allowed as Commission Income Already Taxed: ITAT Visakhapatnam

November 27, 2025 243 Views 0 comment Print

The Tribunal held that full TDS credit must be granted since all income relating to the TDS deductions had already been taxed. Proportionate credit under Section 199 was found unjustified.

Appeals Dismissed as Consolidated Approval for Search Assessments Found Mechanical

November 27, 2025 270 Views 0 comment Print

The Court held that the approval granted for multiple search assessments was issued in a consolidated, mechanical form without case-specific consideration. It noted that Section 153D requires meaningful application of mind, which was absent in the approval examined by the Tribunal. The appeals were dismissed as no substantial question of law arose.

GST Authorities Cannot Withheld MOV-09 When Payment Made Under Protest

November 27, 2025 249 Views 0 comment Print

Allahabad HC directs authorities to issue Form GST MOV-09 after payment under protest. Non-issuance deprived the petitioner of the right to appeal, making the action unlawful.

Once TNMM Is Applied PO Cannot Benchmark Management Fees Separately or Assign Nil ALP

November 27, 2025 267 Views 0 comment Print

The Tribunal held that once TNMM is accepted for a set of linked transactions, the TPO cannot separately benchmark Management Fees or treat their ALP as Nil. The adjustment was deleted as the fees were already included in the cost base used for arm’s length analysis.

Delay Due to Technical Glitch Cannot Deny VAT Amnesty Benefit: Gujarat HC

November 27, 2025 378 Views 0 comment Print

The court held that a two-day delay caused by an online portal glitch could not justify rejection under a VAT Amnesty Scheme. The delay was condoned, and the rejection order was quashed.

GST Registration Cancelled by Mistake due to Consultants Mistake: HC orders restoration

November 27, 2025 213 Views 0 comment Print

The court quashed a GST cancellation caused by a bona fide mistake, directing reinstatement of the taxpayer’s registration and ensuring continuity of business without State prejudice.

Customs Must Consider Objections on BIS Certification Defects: Chhattisgarh HC

November 27, 2025 180 Views 0 comment Print

Chhattisgarh HC directs Adjudicating Authority to hear objections on imported goods detained due to alleged BIS certification and labeling defects.

No Satisfaction Recorded, Section 153C Cannot Be Invoked: Calcutta HC

November 27, 2025 255 Views 0 comment Print

High Court dismissed writ petition, confirming that reassessment under Section 147 is valid when no incriminating material is found, and Section 153C is inapplicable.

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