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Archive: 22 December 2025

Posts in 22 December 2025

Reassessment Notice Quashed for Relying on Wrong Assessment Year Data

December 22, 2025 516 Views 0 comment Print

The court examined whether reassessment for one year could be based on information from another year. It held that absence of foundational facts for the relevant year invalidates the notice.

Cheque Dishonour Due to “Payment Stopped by Drawer” Still Attracts NI Act Prosecution: Delhi HC

December 22, 2025 489 Views 0 comment Print

Court held that a cheque initially issued as security can mature into an enforceable liability once loan recall conditions are triggered. Disputed facts on repayment and breach must be examined at trial, not at quashing stage.

Writ Petition Disposed as GSTAT Becomes Functional With Appeal Filing Timeline

December 22, 2025 339 Views 0 comment Print

The High Court declined to retain the writ once the GST Appellate Tribunal became operational. The dispute was directed to be resolved through the statutory appellate mechanism.

Investigation Deposits Are Revenue Deposits; CESTAT Orders 12% Interest on Refund

December 22, 2025 327 Views 0 comment Print

Tribunal held that amounts deposited during investigation are revenue deposits, not duty, and directed payment of 12% interest as compensation from date of deposit till refund.

Limited Scrutiny Can’t Morph into Roving Enquiry Without PCIT Nod: ITAT Ahmedabad

December 22, 2025 117 Views 0 comment Print

The issue was whether the AO could expand a limited scrutiny assessment into a complete scrutiny without approval. The ITAT held that such expansion is invalid without prior PCIT sanction.

Survey Excess Stock Cannot Trigger Confiscation Proceedings Automatically: Allahabad HC

December 22, 2025 261 Views 0 comment Print

The Court found that confiscation based solely on surplus stock found during survey lacks legal basis. The tax authority was directed to decide the matter afresh after hearing the taxpayer.

PMLA Attachment Quashed as Shareholders Not Owners of Company Assets

December 22, 2025 333 Views 0 comment Print

The High Court held that company land cannot be attached under PMLA merely because accused persons are shareholders. Shareholding does not confer ownership over corporate assets.

Reassessment Notice Quashed for Lack of Independent “Reason to Believe”

December 22, 2025 477 Views 0 comment Print

The court examined whether reassessment could be initiated on vague and borrowed satisfaction. It held that absence of a live link between information and the assessee’s case invalidated the notice.

GST Demand Quashed as Pre-CIRP Dues Extinguished Under Approved Resolution Plan

December 22, 2025 327 Views 0 comment Print

The High Court held that GST demands for periods prior to approval of a resolution plan cannot survive once the plan is sanctioned under the IBC. Past statutory dues not forming part of the plan stand extinguished and cannot be enforced.

Orissa HC Stays Multi-Year ₹512 Cr GST Levy on Assignment of Right to Use Natural Resources

December 22, 2025 249 Views 0 comment Print

The High Court stayed a ₹512 crore GST demand after finding prima facie issues with a notice covering multiple financial years. The matter will be heard alongside similar pending cases.

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