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 Best-Judgment GST Assessment Automatically Withdrawn After Delayed Return Filing

November 27, 2025 720 Views 0 comment Print

The Court held that once the assessee files a valid return, the assessment under Section 62 is automatically withdrawn. Even if the return is submitted late, the statutory consequence under Section 62(2) applies. The ruling confirms that the department may still verify liability and issue a fresh notice if short-payment exists.

Allahabad HC Grants Bail in ₹120 Crore GST Evasion Case

November 27, 2025 648 Views 0 comment Print

The Court held that prolonged custody and the documentary nature of the evidence justified bail. The decision highlights that delayed trials in CGST matters should not lead to continued detention.

Allahabad HC Slams Authorities for Seizing Goods Despite Valid GST E-Way Bill

November 27, 2025 813 Views 0 comment Print

The High Court held that goods accompanied by a valid e-way bill cannot be seized for non-declaration of destination as an additional place of business. The orders under Section 129 were quashed.

Section 263 Action Set Aside Due to Sufficient Assessment Verification

November 27, 2025 240 Views 0 comment Print

The court upheld the Tribunal’s view that the AO had examined salary and business promotion expenses, making Section 263 revision invalid. It held that when two views are possible, revisional interference is unwarranted.

No GST Penalty for Stock Transfers With Minor E-Way Bill Mistakes: Allahabad HC

November 27, 2025 792 Views 0 comment Print

The Court held that goods moved as stock transfer could not be treated as sale and that technical mistakes in the e-way bill did not indicate tax evasion. The penalty under Section 129(3) was set aside, and the order was quashed.

Writ Rejected Due to Absence of Clause for GST Rate Increase Compensation

November 27, 2025 855 Views 0 comment Print

The Court held that no clause in the contract provides reimbursement for increased GST rates. The writ was dismissed, and the contractor was directed to pursue contractual dispute remedies.

CESTAT Chennai Upholds Revocation of Customs Broker Licence Suspension

November 27, 2025 291 Views 0 comment Print

The Tribunal found that the Adjudicating Authority had considered the alleged violations and given reasons for lifting the suspension. With a fresh suspension issued during the appeal, the Tribunal held the matter to be infructuous and dismissed it.

Statement-Bill Discrepancy Cannot Justify Rejection of Genuine Bills of Entry: CESTAT Delhi

November 27, 2025 222 Views 0 comment Print

The Tribunal held that discrepancies between statements and Bills of Entry cannot justify rejecting genuine import documents. Confiscation was overturned as the Bills of Entry were improperly disregarded.

ITC Denial under UP VAT Unsustainable When No Defect Found in Books: Allahabad HC

November 27, 2025 357 Views 0 comment Print

The dealer argued that all purchases supported by Form 38, Form C, and stock registers were properly recorded but overlooked by the Tribunal. The Court found that the assessment order itself accepted turnover and reflected no defects in the books. Because the Tribunal failed to address these grounds, the case was remanded.

SC allows Interest Deduction on Borrowed Capital; Cash Accounting Excludes Matching Principle

November 27, 2025 462 Views 0 comment Print

Courts ruled that interest paid on loans to associated companies is deductible if commercially expedient and used for business purposes. Lower interest rates compared to borrowed funds do not warrant disallowance. Section 36(1)(iii) allows deductions irrespective of the capital asset acquired.

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