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Archive: December, 2025

Posts in December, 2025

P&H HC allows GST Appeal Due to Incorrect Limitation Calculation

December 13, 2025 729 Views 0 comment Print

The Court set aside the dismissal of a GST refund appeal, finding the Appellate Authority miscalculated the limitation period. The matter was remanded for fresh consideration with proper hearing.

Providing online ticket booking services not constitute trading: CESTAT Mumbai

December 13, 2025 453 Views 0 comment Print

Tribunal holds that providing online ticket booking services does not constitute trading; service provider can retain convenience fees and claim CENVAT credit on taxable services.

Madras HC Allows Fresh Reply in Ex-Parte GST Order but Mandates 50% Pre-Deposit

December 13, 2025 1464 Views 0 comment Print

The Court allowed the taxpayer to file a fresh reply after initially failing to respond to a GST notice. Relief is conditional on depositing 50% of disputed tax, after which the authority must reconsider the matter.

AP HC Dismisses Delayed GST Challenge Citing Prior Awareness & Pending Rectification

December 13, 2025 228 Views 0 comment Print

The court held that a works contractor cannot challenge a GST assessment months after becoming aware of it, as a rectification application was already pending.

Genuine but Stolen ST-15 Forms Cannot Defeat Deduction Claim: P&H HC

December 13, 2025 261 Views 0 comment Print

The Court ruled that deductions could not be denied when ST-15 forms were genuine though stolen, and the assessee had no role in the theft. It held that denying benefit would unjustly penalize the assessee despite compliance with statutory requirements.

Addition of cash already taxed in a relative’s income is impermissible: ITAT Patna

December 13, 2025 339 Views 0 comment Print

The Tribunal ruled that cash seized and previously taxed in the brother’s assessment cannot be taxed again in the assessee’s hands, remanding the issue to the AO for verification.

Limitation for ITAT Rectification Starts on Date of Receipt of Order: Bombay HC

December 13, 2025 477 Views 0 comment Print

The Bombay High Court ruled that the six-month limitation under Section 254(2) starts from the date of receipt of the ITAT order, not the date of its passing, ensuring petitioners can file timely rectification applications.

HC Upholds Jurisdiction of Section 73 GST SCN; Assessee Directed to Reply

December 13, 2025 354 Views 0 comment Print

The Court held that the show-cause notice under Section 73 CGST did not lack jurisdiction. It directed the petitioner to file a reply and allowed the Adjudicating Authority to examine all objections independently.

Delay in Form 10-B Filing Conditionally Allowed Due to Treasurer’s Age & Pandemic

December 13, 2025 426 Views 0 comment Print

The High Court allowed a religious society to submit delayed audit documents, citing the treasurer’s age and Covid-19 as valid reasons, directing authorities to reconsider exemption under Section 11.

Legal control under a JDA constitutes transfer for capital gain: ITAT Kolkata

December 13, 2025 387 Views 0 comment Print

The Tribunal held that legal control under a JDA constitutes transfer for capital gains purposes. The assessee must provide acquisition cost details for recomputation.

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