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Archive: December, 2025

Posts in December, 2025

Karnataka HC Set Aside GST ITC Demand for Ignoring GSTR-2A vs 3B Circular

December 22, 2025 786 Views 0 comment Print

The dispute concerned reversal of ITC based solely on mismatch between GSTR-2A and GSTR-3B. The High Court held that failure to consider the CBIC Circular prescribing the procedure vitiated the order and remitted the matter for fresh adjudication.

Error in Invoice Number Does Not Bar Fresh Request for Bill of Entry Amendment: Madras HC

December 22, 2025 507 Views 0 comment Print

The dispute concerned rejection of a request to amend a Bill of Entry due to an incorrect invoice number. The court directed fresh consideration after submission of contemporaneous documents, without ruling on merits.

Imperfect Legal Opinion Alone Not Enough to Prosecute Advocate: Calcutta HC

December 22, 2025 423 Views 0 comment Print

The issue was whether a bank’s empanelled advocate could face criminal trial for an allegedly flawed legal scrutiny report. The High Court held that in the absence of evidence of conspiracy or wrongful gain, prosecution could not continue.

Customs Penalty of ₹1.57 Cr Quashed as Department Ignored Assessee’s Valuation

December 22, 2025 5883 Views 0 comment Print

The issue was whether a government-approved valuer could be penalised when Customs did not rely on his valuation. The Tribunal held that penalties are unsustainable without proof of reliance, intent, or collusion.

Penalty Quashed for Denial of Mandatory Cross-Examination Under Customs Law

December 22, 2025 7701 Views 0 comment Print

The issue was whether penalties could be sustained without proper cross-examination of witnesses. The court held that ignoring Section 138B requirements vitiates the adjudication.

Allahabad HC Granted Stay as Composite GST Show Cause Notice Covers Multiple Years

December 22, 2025 1017 Views 0 comment Print

The issue was whether a single GST show cause notice could cover several assessment years. The court granted interim protection, staying coercive action pending detailed examination.

Mandatory Beneficial Ownership Disclosure Added to Resolution Plans

December 22, 2025 807 Views 0 comment Print

The amendment requires every resolution plan to disclose ultimate beneficial owners and ownership structures. The key takeaway is enhanced transparency in insolvency resolution proceedings.

TDS Deduction on Arbitral Award Disallowed as Amount Becomes Judgment-Debt: Calcutta HC

December 22, 2025 990 Views 0 comment Print

The Calcutta High Court held that once an arbitral award attains finality, the award amount must be paid in full without deduction of tax at source.

Chit Foreman Entitled to Lump-Sum Recovery After Installment Default: SC

December 22, 2025 498 Views 0 comment Print

The Supreme Court held that a chit subscriber incurs a present debt payable in installments, allowing recovery of future subscriptions upon default.

No Forfeiture, No Tax: Advance Can’t Be Income Under Section 56

December 22, 2025 6924 Views 0 comment Print

The issue was whether advance money from a failed land deal could be taxed as income. The Tribunal held that without clear forfeiture, section 56(2)(ix) does not apply. Key takeaway: forfeiture is mandatory to tax advances.

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