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Archive: 27 November 2025

Posts in 27 November 2025

Ex Parte ITAT Order Set Aside for Lack of Reasons on Denying Adjournment

November 27, 2025 273 Views 0 comment Print

The Court held that the Tribunal erred by rejecting an adjournment request without assigning reasons. The matter was remanded for a fresh hearing after finding a violation of natural justice.

GST cannot be levied on work contracts executed under VAT regime: Allahabad HC

November 27, 2025 471 Views 0 comment Print

Allahabad HC rules that GST cannot be levied on work contracts executed under the VAT regime. Payments received later do not attract tax, penalty, or interest under GST.

Demand Order Set Aside as GST Portal Notice Posted on Additional Tab

November 27, 2025 138 Views 0 comment Print

The Court found that the petitioner did not receive effective notice because the SCN was placed in a less visible portal tab. It set aside the demand order and directed a fresh hearing opportunity.

GST Appeal Restored Because SCN Uploaded Under Wrong Tab

November 27, 2025 393 Views 0 comment Print

The Court held that uploading the show-cause notice only under the additional tab did not constitute valid service. The order and appeal rejection were set aside, and the petitioner was granted a fresh opportunity to reply.

HC Refuses to Interfere with Ex Parte GST Order, Assessee Told to File Appeal

November 27, 2025 279 Views 0 comment Print

High Court declined to interfere with an ex parte GST order after assessee failed to attend scheduled hearings. Petitioner was directed to pursue statutory appeal, with outcome subject to Supreme Court’s decision on related notifications.

ITAT Delhi Quashed Assessment for non-issuance of Section 153C Notice

November 27, 2025 234 Views 0 comment Print

Tribunal emphasizes requirement of notice under section 153C for assessments in block period, quashing AY 2021-22 assessment framed without jurisdiction.

ITAT Orders Fresh Review of Share Premium Addition After Error in Applying Venture Capital Exemption

November 27, 2025 192 Views 0 comment Print

The ITAT remitted the issue to the CIT(A), noting that exemption provisions were wrongly applied to a non-qualifying investor. The takeaway is that exemption claims in share premium cases must match statutory definitions and evidence.

ITAT Quashes ₹50 Cr Protective Addition as Substantive Addition Already Deleted

November 27, 2025 219 Views 0 comment Print

ITAT held that a protective addition under section 56(2)(vii)(b) could not survive once related substantive addition had been deleted in subsequent year. Ruling confirms that protective additions cannot stand independently when their basis no longer exists.

Orissa HC Restores GST Appeal After Pre-Deposit Compliance

November 27, 2025 228 Views 0 comment Print

The Orissa High Court set aside the rejection of a GST appeal, allowing it to be heard on merit after the petitioner deposited the required pre-deposit amount under Section 107(6).

Predominant Industry Purpose Crucial for Pollution Cess Classification: Allahabad HC

November 27, 2025 144 Views 0 comment Print

HC ruled that industry’s predominant activity was not chemical processing, rendering cess assessments without jurisdiction. It ordered all assessments to be quashed and directed refund of cess collected.

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