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Archive: December, 2025

Posts in December, 2025

ITC Set Aside for Paper Transactions, No Goods Movement & Returned Payments: Allahabad HC

December 25, 2025 507 Views 0 comment Print

HC found that ITC was allowed without addressing findings of paper transactions and returned payments. Matter was remanded for fresh consideration by Tribunal.

Provisional GST Attachment Invalid After Remand of Assessment: Delhi HC

December 25, 2025 414 Views 0 comment Print

The Court held that provisional attachment could not continue once the underlying tax demand was set aside and remanded for fresh adjudication, rendering the attachment unsustainable.

Ex-Parte GST Order Quashed as SCN Went Unnoticed & Order Passed Without Hearing

December 25, 2025 684 Views 0 comment Print

The Delhi High Court quashed an ex parte GST demand order and remanded the case after finding that no effective opportunity of reply or personal hearing was granted.

Section 115BBE Not Applicable to Business Receipts; Only Profit on Cash Deposits Taxable

December 25, 2025 558 Views 0 comment Print

The Tribunal held that cash deposits representing trading receipts cannot be taxed in full as unexplained income. Only the estimated profit portion was directed to be assessed.

Set-Off of Short-Term Capital Loss Cannot Be Denied When Allowed in Identical Cases: Bombay HC

December 25, 2025 396 Views 0 comment Print

The High Court held that the tax department cannot deny set-off of short-term capital loss when the same claim was accepted in factually identical connected cases. Consistency in tax treatment was upheld.

Directors’ Removal via DIR-12 Stayed for Lack of Authority & Mandatory Attachments

December 25, 2025 570 Views 0 comment Print

The court examined a challenge to a DIR-12 filing that removed multiple directors without consent and held that the form was prima facie defective, directing fresh consideration after hearing all parties.

Supplementary Drawback Claim Not Time-Barred When Cause Arose on Re-Valuation Date

December 25, 2025 273 Views 0 comment Print

CESTAT held that limitation under Rule 15 starts from communication of re-valuation, making the supplementary drawback claim filed within three months valid.

Excess Stock from Survey Taxable as Business Income, Section 115BBE Inapplicable

December 25, 2025 900 Views 0 comment Print

The Tribunal held that excess stock found during survey, when arising from regular business activity and disclosed in accounts, cannot be taxed as unexplained investment under Section 69B.

Erroneous TDS Paid Due to Ignorance of Earlier Deduction Cannot Be denied: Karnataka HC

December 25, 2025 237 Views 0 comment Print

The court held that delay in seeking a TDS refund could be condoned where tax was deducted due to an error, and directed authorities to examine the refund claim on merits.

Custom Writ Dismissed for Bypassing Statutory Appeal Without Exceptional Grounds

December 25, 2025 291 Views 0 comment Print

The Bombay High Court held that vague allegations of natural justice violations cannot justify skipping the appellate remedy under the Customs Act.

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