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Archive: 12 December 2025

Posts in 12 December 2025

Goods Already Re-Exported Cannot Be Confiscated Under Customs Act: CESTAT Mumbai

December 12, 2025 396 Views 0 comment Print

CESTAT ruled that absolute confiscation of prohibited goods is not valid if the goods have been re-exported before the appeal. The judgment reinforces the principle that confiscation requires the goods to be physically available.

Limitation Not a Ground to Reject GST Registration Cancellation Appeal: Karnataka HC

December 12, 2025 468 Views 0 comment Print

The Court allowed the petitioner to file an appeal within four weeks and directed the Appellate Authority to decide on substantive grounds. This establishes that procedural delays should not bar appeals against registration cancellations.

Kerala HC: Lower Conversion Factor Applies to Pre-2012 Myanmar Timber Imports; Additional Duty Refund Allowed

December 12, 2025 300 Views 0 comment Print

Kerala High Court allows refunds of additional customs duty on timber imports from Myanmar using the lower conversion factor of 1.416 cubic meters per Hoppus ton for imports before 11 May 2012.

₹37.80 crore Forfeiture Upheld by SC Because Buyer Missed Timelines under IBC

December 12, 2025 318 Views 0 comment Print

The Court ruled that failure to meet strict payment deadlines in an IBC-supervised sale justified full forfeiture. It held that such sales are governed by IBC and NCLT orders, not Contract Act protections.

Kerala HC Upholds New Building Tax Assessment for Expanded Plinth Area

December 12, 2025 387 Views 0 comment Print

Kerala High Court rules that increases in plinth area due to extensions justify fresh building tax assessment, with credit given for previously paid tax.

Delhi HC Flags Errors in GST SCNs; ITC Fraud Issues to Be Raised in Statutory Appeal

December 12, 2025 774 Views 0 comment Print

Delhi High Court dismisses writ petition challenging GST order, directing taxpayers to use statutory appeal under Section 107 due to complex ITC fraud investigations.

Supreme Court Sets Aside Contempt Punishment for Genuine Remorse

December 12, 2025 435 Views 0 comment Print

SC emphasized that contempt power is not a sword to silence criticism but includes the power to forgive when remorse is genuine. The High Court wrongly imposed punishment despite an unconditional apology and resignation by the contemnor.

Ayurvedic Centre Classified as Hospital, Not Hotel: Kerala HC Sets Aside Luxury Tax

December 12, 2025 354 Views 0 comment Print

The Court held that an Ayurvedic treatment centre must be classified as a hospital, not a hotel, for the relevant years. The luxury tax assessment was set aside, and authorities were directed to reassess accordingly.

Delhi HC Pulls Up Customs for Delay in Court-Ordered Release of Gold Chain & iPhone

December 12, 2025 738 Views 0 comment Print

The Delhi High Court directed the Customs Department to release a gold chain and an iPhone, noting prior delays and non-compliance. Officials were warned against prolonging passenger hardship.

No Reassessment on Issues Already Scrutinised in Regular Assessment: SC

December 12, 2025 1173 Views 0 comment Print

The High Court and Supreme Court confirmed that reopening assessments on depreciation and goodwill claims in a Slump Sale transaction was invalid, as material facts were fully disclosed and original assessments completed.

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