The Madras High Court held that penalties under Section 122 of the CGST Act must equal the ineligible ITC availed or passed on in circular trading cases. The Court ruled that the Rs.10,000 limit cannot apply where the statute uses the phrase “whichever is higher.”
The Supreme Court quashed criminal proceedings pending for 35 years, holding that prolonged prosecution violated the right to speedy trial under Article 21. The Court also sought extensive data from the Allahabad High Court on criminal pendency, undertrials, bail applications, and judicial vacancies.
ITAT Bangalore held that profit cannot be estimated arbitrarily when regular books of account are maintained and not rejected under the Income Tax Act. The Tribunal ruled that mere decline in net profit rate does not justify ad hoc additions without evidence of suppressed sales or inflated expenditure.
The Jodhpur ITAT held that penalty under Section 272A(1)(d) could not survive where the Assessing Officer completed scrutiny assessment under Section 143(3) after considering replies and documents furnished later by the assessee.
The Delhi ITAT held that institutions engaged in preservation of environment fall under a specific charitable limb under Section 2(15). Registration under Section 12A cannot be denied merely because fee-based receipts were earned.
The Delhi ITAT held that informal WhatsApp conversations without corroborative evidence cannot establish unexplained investment under Section 69A. Since no excess jewellery, invoices, or payment proof were found, the addition was deleted.
The Gujarat AAR refused to answer questions regarding documentary proof and invoice endorsement for SEZ zero-rated supplies. The Authority held that such issues do not fall within the categories permitted under Section 97 of the CGST Act.
The Gujarat AAR held that AAC bricks cannot be classified under Chapter 69 as ceramic products because the autoclaving process does not satisfy the firing requirement prescribed for ceramic goods. The ruling classified AAC bricks under Heading 6810 as articles of cement or concrete.
Gujarat AAR held that ITC on construction of a concrete VCV tower used for EHV cable manufacturing is admissible because the structure functions as foundational and structural support for plant and machinery under Section 17 of the CGST Act.
The Gujarat AAR held that black mineral water containing added minerals but no sugar, sweeteners, or flavouring is classifiable under HSN 22011010. The ruling confirms applicability of 5% GST under Entry 146 of Notification No. 09/2025.
