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Archive: 01 December 2025

Posts in 01 December 2025

Appeal Allowed with 100% Deposit as No Scope for Remand in GST Order: Madras HC

December 1, 2025 270 Views 0 comment Print

The Court refused to remand a detailed GST order and required a full pre-deposit to pursue an appeal. It held that prior participation opportunities were not used by the petitioner. Any recovered amount must be adjusted toward the pre-deposit.

Six-Month Timeline for Customs Appeals Directory, Not Mandatory: Delhi HC

December 1, 2025 279 Views 0 comment Print

The High Court held that while Section 128A(4A) directs Customs appeals to be decided within six months, this is a directory provision. Appeals should be disposed of as soon as possible to avoid undue delay.

Case confirming ADD Sent Back for failure to Address Copolymer vs. Homopolymer Claim

December 1, 2025 570 Views 0 comment Print

Tribunal found that misclassification between copolymer and Homopolymer PVC was not addressed, directing the original authority to reassess ADD and penalty claims.

Invoice Cancellation Alone Insufficient to Avoid GST Liability: Madras HC

December 1, 2025 399 Views 0 comment Print

The court addressed a GST recovery notice where the petitioner claimed no liability as invoices were unpaid. The case was remitted for fresh consideration with evidence submission.

Section 13(1)(b) Cannot Be Applied at Trust Registration Stage: ITAT Ahmedabad

December 1, 2025 267 Views 0 comment Print

ITAT set aside CIT(E) orders denying 12AB registration, holding that section 13(1)(b) cannot be invoked at registration stage; charitable intent and activities must be examined independently.

GST Demand Quashed for Exceeding SCN Amount Under Section 75(7): Allahabad HC

December 1, 2025 615 Views 0 comment Print

The Court set aside the GST demand after finding that the final order sought an amount higher than what was specified in the show-cause notice. The case was remanded for fresh proceedings with an opportunity to respond.

Leasehold Assignment of immovable property Not a Taxable under GST: Gujarat HC

December 1, 2025 795 Views 0 comment Print

The Court struck down a GST demand by holding that assignment of long-term leasehold rights amounts to transfer of immovable property, not a taxable supply. The ruling reaffirms that such assignments fall outside Section 7 of the GST Act.

Inordinate Delay in Satisfaction Note Invalidates Section 153C Notice: Gujarat HC

December 1, 2025 345 Views 0 comment Print

The Gujarat High Court quashed a Section 153C notice due to a 22-month delay in recording the satisfaction note, ruling it violated Supreme Court guidelines for immediate post-assessment action.

ITAT Orders Reconsideration of 80G Denial After 12AB Approval

December 1, 2025 237 Views 0 comment Print

The ITAT held that rejection of Section 80G registration without specific reasons is unsustainable and directed a fresh, reasoned consideration by the CIT(E).

100% Bogus Purchase Addition Restored by SC as Partial Disallowance Found Contrary to Section 69C

December 1, 2025 1155 Views 0 comment Print

The Court held that the assessee failed to prove ₹20.06 crore in purchases and restored the AO’s 100% addition. It ruled that partial estimation was unjustified and Section 69C required full disallowance.

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