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Archive: December, 2025

Posts in December, 2025

GST Registration Cancellation Reversible on Clearing Pending Returns & Dues: Gauhati HC

December 25, 2025 411 Views 0 comment Print

The issue was whether expiry of the revocation timeline bars restoration of GST registration. The Court ruled that authorities can restore registration when pending returns and full tax liabilities are cleared as per Rule 22.

Penalty Quashed for Lack of Knowledge in Misuse of Signed Export Documents

December 25, 2025 315 Views 0 comment Print

CESTAT Chennai held that penalties cannot be imposed when there is no evidence that the CHA manager knowingly aided mis-declaration or ineligible drawback claims.

Presumption Alone Cannot Justify Seizure of Indian-Origin Goods as Illegal Export

December 25, 2025 318 Views 0 comment Print

The Tribunal held that seizure based only on presumption and driver statements was invalid. Authorities failed to prove attempted export through non-specified routes.

ITC Denial Under Assam State Reimbursement Scheme Stayed for Constitutional Conflict

December 25, 2025 258 Views 0 comment Print

The High Court found prima facie merit in the challenge to a state reimbursement clause restricting ITC. Show cause notices seeking reversal of ITC were stayed pending further hearing.

Differential Customs Duty Quashed as Valuation Must Be at Import Stage: CESTAT Chennai

December 25, 2025 474 Views 0 comment Print

The issue was whether higher remittances made later could alter the transaction value declared at import. The Tribunal held that customs duty must be determined at the time of import, rendering the differential demand unsustainable.

Madras HC: Retrospective Withdrawal of VAT Benefits Rejected for Being Ultra Vires

December 25, 2025 531 Views 0 comment Print

The court clarified that exemption notifications must be applied as issued and cannot be altered by importing supposed intent. Any attempt to add or curtail benefits retrospectively was held to be beyond legislative delegation.

Closing Stock Revalued Without Adjusting Opening Stock Held Unsustainable

December 25, 2025 492 Views 0 comment Print

The Tribunal held that when closing stock is revalued under Section 145A to include tax components, opening stock must also be revalued on the same basis. The case was remanded to ensure consistent valuation and accurate profit computation.

GST Registration Cancellation Set Aside Due to Cryptic Show Cause Notice

December 25, 2025 513 Views 0 comment Print

The High Court held that a show cause notice lacking factual details cannot sustain cancellation of GST registration. The cancellation order was set aside and fresh opportunity was granted to the taxpayer.

Reassessment Quashed Because Notice Was Issued Beyond Limitation Period

December 25, 2025 513 Views 0 comment Print

The Tribunal held that a notice issued after three years was time-barred under section 149. Since the ₹50 lakh exception did not apply, the reassessment was invalid.

Notice Under Section 148 Invalid When Tax Issue Is Concluded in Earlier Years: ITAT Delhi

December 25, 2025 420 Views 0 comment Print

The Tribunal held that reopening an assessment on a recurring issue already decided in favour of the taxpayer by the High Court is invalid. Pending appeal before the Supreme Court cannot justify reassessment.

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