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Archive: December, 2025

Posts in December, 2025

ITC Denial Set Aside Because Circular 183 Covers GSTR-3B vs GSTR-2A Mismatch

December 25, 2025 1467 Views 0 comment Print

The dispute involved ITC denial due to mismatch between GSTR-3B and GSTR-2A. The Court quashed the orders and held that authorities must apply Circular 183 and re-decide the case.

SVLDR Scheme Inapplicable Where SCN Issued After 30 June 2019: Delhi HC

December 25, 2025 237 Views 0 comment Print

The Delhi High Court held that the SVLDR Scheme cannot be invoked for a show cause notice issued after 30 June 2019. Even if the notice arises from the same dispute, eligibility depends strictly on the statutory cut-off date.

Allahabad HC Set Aside GST Order for Denial of Personal Hearing

December 25, 2025 249 Views 0 comment Print

The Court annulled a GST adjudication after finding that no proper personal hearing was granted, directing fresh proceedings with due notice and opportunity.

Fake GST Invoice Allegations Not Entertained in Writ Due to Alternate Remedy

December 25, 2025 615 Views 0 comment Print

 The High Court refused to interfere in a penalty order involving alleged fake invoices, holding that such disputes must be examined in appeal. The key takeaway is that writ jurisdiction will not be exercised where complex factual issues and alternate remedies exist.

CAM Charges Not Rent, TDS Under 194C Upheld by SC Due to Nature of Payment

December 25, 2025 663 Views 0 comment Print

SC dismissed the Revenue’s challenge and affirmed that Common Area Maintenance charges are service-related payments, not rent, and attract TDS under Section 194C.

Writ Petition Rejected Because Challenge Was Made at Service Tax SCN Stage

December 25, 2025 219 Views 0 comment Print

The dispute concerned service tax liability proposed in an SCN. The Court held that extraordinary jurisdiction cannot be invoked at this stage and directed the petitioner to pursue adjudication remedies.

Allahabad HC Grants Bail to CA Despite GST Fraud Allegation of ₹40 Crores

December 25, 2025 606 Views 0 comment Print

Allahabad High Court granted bail to an accused in a ₹40 crore GST evasion case, citing documentary evidence, absence of criminal history, and procedural delays in trial as key factors.

GST Refund Denial Quashed After Rule Omission Without Saving Clause

December 25, 2025 372 Views 0 comment Print

The High Court held that GST rules omitted without a saving clause cannot support pending refund denials. All non-final proceedings based on the deleted rules were declared lapsed, entitling taxpayers to refunds.

Subsidiary Serving Parent Co. On Cost-Plus Model Is Exporter of Service, Not Intermediary

December 25, 2025 459 Views 0 comment Print

High Court ruled that software consultancy services provided to a foreign parent on a principal-to-principal basis qualify as export of services. Refund rejection treating them as intermediary services was set aside.

Reassessment Quashed Due to Limitation After Supreme Court Time Exclusions

December 25, 2025 834 Views 0 comment Print

The High Court held that reassessment notices issued after excluding periods mandated by Supreme Court rulings were time-barred, rendering subsequent proceedings invalid

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