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Archive: 25 December 2025

Posts in 25 December 2025

Post condoning delay, revisional authority wrongly dismissed petition u/s. 264 on ground of delay

December 25, 2025 162 Views 0 comment Print

Karnataka High Court held that revision petition u/s. 264 of the Income Tax Act wrongly dismissed by holing that delay in filing revision petition cannot be condoned since the revisional authority already condoned the delay.

Ex Parte Sales Tax Appeal Restored Due to Delay of Years in Service of Order

December 25, 2025 270 Views 0 comment Print

The issue was whether delay in approaching the Court was fatal despite exceptional facts. The Court ruled that restoration was warranted due to prolonged tribunal proceedings and late service.

GST Appeal Allowed After Delay Due to Consultant’s Death: Delhi HC

December 25, 2025 210 Views 0 comment Print

Delhi High Court declined to interfere with an ex parte GST demand order but permitted a delayed statutory appeal. Ruling allows appeal to be heard on merits despite limitation, citing sufficient cause.

Vehicle Owner Entitled to Pay MV Tax & Seek Penalty Waiver Before Coercive Action: Orissa HC

December 25, 2025 150 Views 0 comment Print

The Court permitted deposit of outstanding motor vehicle tax and additional tax where arrears were reflected on the portal without issuing a demand notice. The key takeaway is that authorities must consider waiver requests after tax payment.

Draft Assessment Issued in Name of Amalgamated Company Held Void Ab Initio

December 25, 2025 288 Views 0 comment Print

The Delhi High Court held that a draft assessment order issued against a company that had ceased to exist due to amalgamation is invalid. Such proceedings suffer from a substantive jurisdictional defect.

GST Penalty Quashed Due to No Intent to Evade Tax Despite E-Way Bill Lapse

December 25, 2025 426 Views 0 comment Print

The Court quashed penalty orders where all documents were produced and goods matched invoices. The key takeaway is that procedural lapses alone do not justify penal action.

Provisional Attachment Order ceases to have any effect after 180 days as per PMLA

December 25, 2025 267 Views 0 comment Print

Bombay High Court held that in terms of section 5(1) read with Section 5(3) of the Prevention of Money Laundering Act, 2002 [PMLA] Provisional Attachment Order ceases to have any effect after 180 days.

GST Registration Revoked Due to Genuine Reason for Return Filing Delay

December 25, 2025 270 Views 0 comment Print

The Court held that cancellation arising from a part-time accountant’s lapse warranted relief. Registration was revived with strict conditions on compliance and ITC utilization.

GST Orders Lacking ‘Application of Mind’ Violate Article 14: Allahabad HC Sets Aside Ex-Parte Order

December 25, 2025 303 Views 0 comment Print

The High Court set aside GST recovery and appellate orders after finding that no effective opportunity of hearing was granted to the taxpayer.

SC Dismisses Revenue Appeal as Assessments Time-Barred Due to Delay After ITAT Remand

December 25, 2025 1005 Views 0 comment Print

The SC upheld the ITAT’s ruling that fresh assessments were barred by limitation since the Assessing Officer acted beyond the period prescribed under Section 153(2A).

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