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Archive: December, 2025

Posts in December, 2025

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

December 16, 2025 5274 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 501 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 429 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 315 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 3642 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 231 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 294 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.

Madras HC Vacates Bank Account Attachment After Partial GST Deposit

December 16, 2025 453 Views 0 comment Print

The Court allowed lifting of the petitioner’s bank account attachment upon depositing 10% of disputed GST, directing the tax authority to reconsider blocked ITC.

PF/ESI Disallowance to Be Examined Only After Deciding Delay

December 16, 2025 378 Views 0 comment Print

SEO Description: The Tribunal held that an appeal cannot be dismissed solely on limitation without examining reasons for delay. The matter was remanded to decide condonation first, reinforcing natural justice principles.

Patna HC Grants Anticipatory Bail; Police Custody Confessions Lack Evidentiary Value

December 16, 2025 1434 Views 0 comment Print

The Court allowed anticipatory bail to a Lady Civic Volunteer implicated in a large spirit seizure, citing lack of direct evidence and her non-involvement with the seized vehicles.

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