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Archive: December, 2025

Posts in December, 2025

Optical Equipment Falls Under Excluded OTN/OTE Classes; Concessional BCD Not Available: CESTAT

December 1, 2025 435 Views 0 comment Print

Authorities determined that the imported device aligned with excluded serial items relating to optical transport systems, leading to denial of duty concession. The ruling underscores the importance of circular-based product identification.

GST SCN Stayed for Lacking Reasons: SC Flags Absence of Material Particulars

December 1, 2025 2154 Views 0 comment Print

Supreme Court found that a GST notice alleging fraud lacked material particulars and stayed further proceedings. Key takeaway: SCNs under Section 74 must clearly state the factual basis for alleging fraud or suppression.

Sale of share treated as capital gain since no specific amount assigned towards non-compete fee

December 1, 2025 453 Views 0 comment Print

ITAT Mumbai held that transaction of sale of shares is not business income since assessee was never involved in the business affairs of the company. Further, consideration is treated as capital gain inspite of non-compete fee since no specific amount assigned towards non-compete fee in share purchase agreement.

Writ Petition Against GST Notice Dismissed for Bypassing Appeal Mechanism

December 1, 2025 1113 Views 0 comment Print

The High Court dismissed the writ petition challenging a GST show-cause notice, emphasizing that statutory remedies under Section 107 must be exhausted first. The Court clarified that the SCN contains specific allegations of fraud and willful misstatement.

Municipal bodies cannot levy advertisement tax after GST regime: Allahabad HC

December 1, 2025 3390 Views 0 comment Print

The Court ruled that municipal bodies cannot levy advertisement tax after the GST regime and quashed the recovery demand. It also ordered refund of tax collected post-GST, subject to unjust enrichment.

Late ITR Filing Permitted for Genuine Hardship from Rainfall Disruption & System Issues

December 1, 2025 834 Views 0 comment Print

Karnataka High Court allowed a 36-day delay in filing income tax returns, citing system failure and unavoidable circumstances as sufficient cause for condonation under Section 119(2)(b).

Bombay HC Dismisses Discharge Application in Alleged ₹1,000 GST Bribe Case

December 1, 2025 753 Views 0 comment Print

Discharge was denied where a complaint and verification report indicated an alleged ₹1,000 bribe demand. The High Court confirmed that prima facie material suffices for framing charges. The case was allowed to proceed to trial despite procedural objections.

CESTAT Quashes Cost Recovery Charge Demand Due to Lack of Statutory Authority

December 1, 2025 504 Views 0 comment Print

The Tribunal held that customs authorities lacked legal authority to levy cost recovery charges, rendering the commissioner’s order unsustainable. It directed full refund of charges paid by the custodian.

Appeal Allowed with 100% Deposit as No Scope for Remand in GST Order: Madras HC

December 1, 2025 381 Views 0 comment Print

The Court refused to remand a detailed GST order and required a full pre-deposit to pursue an appeal. It held that prior participation opportunities were not used by the petitioner. Any recovered amount must be adjusted toward the pre-deposit.

Six-Month Timeline for Customs Appeals Directory, Not Mandatory: Delhi HC

December 1, 2025 405 Views 0 comment Print

The High Court held that while Section 128A(4A) directs Customs appeals to be decided within six months, this is a directory provision. Appeals should be disposed of as soon as possible to avoid undue delay.

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