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Writ Not Entertained as Petitioner Failed to File GST Appeal Within Time; Allows Late Appeal Filing

November 27, 2025 435 Views 0 comment Print

The Court ruled that the petitioner offered no justification for challenging a February 2023 inspection through a writ filed only in August 2025. It noted that factual disputes and the availability of an appeal remedy made the writ non-maintainable. However, the petitioner was permitted to approach the appellate authority within 30 days.

SC Applies Rajeev Bansal Ruling to Revenue’s SLPs on Reassessment

November 27, 2025 609 Views 0 comment Print

SC disposes of Revenue SLPs; TOLA applies but reassessment timelines remain strictly enforced.

GST Demand Quashed for Exceeding SCN Amount – Breach of Section 75(7)

November 27, 2025 801 Views 0 comment Print

The High Court set aside a GST demand after finding the confirmed amount exceeded the sum proposed in the show-cause notice, holding the order violative of Section 75(7). The matter was remitted for fresh consideration.

HC Sets Aside GST Penalty Exceeding SCN; Matter Remanded for Fresh Decision

November 27, 2025 801 Views 0 comment Print

The High Court held that a penalty exceeding the amount proposed in the show cause notice violated statutory limits, setting aside the penalty order and remitting the matter for fresh consideration.

Penalty based on Loose Sheets/Ledger Without supporting proof not Valid

November 27, 2025 507 Views 0 comment Print

The Tribunal held that penalty under section 270A could not stand because the JPACK ledger titled “SABARI” was not proven to belong to the assessee. The ruling emphasises lack of corroborative evidence and inconsistencies in the seized material.

Full TDS Credit Allowed as Commission Income Already Taxed: ITAT Visakhapatnam

November 27, 2025 369 Views 0 comment Print

The Tribunal held that full TDS credit must be granted since all income relating to the TDS deductions had already been taxed. Proportionate credit under Section 199 was found unjustified.

Appeals Dismissed as Consolidated Approval for Search Assessments Found Mechanical

November 27, 2025 420 Views 0 comment Print

The Court held that the approval granted for multiple search assessments was issued in a consolidated, mechanical form without case-specific consideration. It noted that Section 153D requires meaningful application of mind, which was absent in the approval examined by the Tribunal. The appeals were dismissed as no substantial question of law arose.

GST Authorities Cannot Withheld MOV-09 When Payment Made Under Protest

November 27, 2025 366 Views 0 comment Print

Allahabad HC directs authorities to issue Form GST MOV-09 after payment under protest. Non-issuance deprived the petitioner of the right to appeal, making the action unlawful.

Once TNMM Is Applied PO Cannot Benchmark Management Fees Separately or Assign Nil ALP

November 27, 2025 492 Views 0 comment Print

The Tribunal held that once TNMM is accepted for a set of linked transactions, the TPO cannot separately benchmark Management Fees or treat their ALP as Nil. The adjustment was deleted as the fees were already included in the cost base used for arm’s length analysis.

Delay Due to Technical Glitch Cannot Deny VAT Amnesty Benefit: Gujarat HC

November 27, 2025 612 Views 0 comment Print

The court held that a two-day delay caused by an online portal glitch could not justify rejection under a VAT Amnesty Scheme. The delay was condoned, and the rejection order was quashed.

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