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Archive: 16 December 2025

Posts in 16 December 2025

Penalty Levied for attaching Unsigned Financial Statements to AOC-4

December 16, 2025 1422 Views 0 comment Print

Unsigned financial statements uploaded with statutory filings were held non-compliant. Liability was fixed on the certifying director under the Companies Act.

Accepted ASMT-12 Reply Blocks Fresh GST Demand on Same Issues: Delhi HC

December 16, 2025 660 Views 0 comment Print

The Court held that once scrutiny is closed with ASMT-12, no further demand can be raised on identical grounds. The key takeaway is finality of accepted scrutiny proceedings.

Section 263 Revision Quashed as Penny Stock LTCG Was Examined & AO Took Plausible View

December 16, 2025 1083 Views 0 comment Print

ITAT held PCIT cannot revise assessment where penny stock LTCG transactions were fully examined and AO adopted a permissible view.

Anticipatory Bail Granted as Chartered Accountant Not Liable for Clients’ GST Evasion

December 16, 2025 4845 Views 0 comment Print

The court held that GST liability rests with firms and responsible persons, not their auditor, reaffirming that professionals cannot be arrested mechanically without direct culpability.

Excise Appeal Rejected as Cross-Examination of Panchas & Co-Noticees Was Denied

December 16, 2025 270 Views 0 comment Print

The High Court upheld the tribunal’s decision, emphasizing that statements of pancha witnesses and co-notices cannot be relied upon without allowing cross-examination, ensuring fair adjudication under the Central Excise Act.

Calcutta HC Sets Aside GST Rectification Rejection for Denial of Personal Hearing

December 16, 2025 294 Views 0 comment Print

The case examined whether a GST authority can reject a rectification application without granting a hearing. The High Court set aside the rejection, holding that denial of hearing causing civil consequences violates principles of natural justice.

Delay before CIT(A) not fatal: ITAT restores reassessment to AO for fresh adjudication

December 16, 2025 198 Views 0 comment Print

ITAT restored the case to the Assessing Officer to examine jurisdictional defects, evidence, and applicability of section 115BBE. Technical dismissal by the appellate authority was set aside.

E-Way Bill Expiry Alone Cannot Justify Motorcycle Seizure if Documents & Delivery Proof Exist

December 16, 2025 3354 Views 2 comments Print

The case involved detention of two-wheeler vehicles for e-way bill expiry. The High Court quashed the seizure, noting that proper invoices, registration, and GPS tracking showed no intent to evade tax.

Reopening Beyond 4 Years Quashed for No Failure Allegation

December 16, 2025 174 Views 0 comment Print

SEO Description: The Tribunal ruled that sanction granted by merely stating as per annexure reflects no independent application of mind. Such mechanical approval violates statutory requirements. Consequently, the reassessment proceedings were set aside.

EDC Treated as Contractual Payment, TDS Mandatory: ITAT Delhi

December 16, 2025 165 Views 0 comment Print

SEO Description: Relying on binding Delhi High Court authority, the Tribunal held that EDC payments require TDS under Section 194C. Non-compliance validly triggered demand and interest provisions.

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