The Telangana High Court held that time spent pursuing a rectification application and writ proceedings may be considered while deciding delay condonation in a GST appeal. The Court permitted the assessee to approach the appellate authority on merits.
The Gujarat High Court quashed reassessment proceedings after finding that the seized loose paper referred to non-agricultural land rates recorded after the petitioner had already sold agricultural land. The Court held that reopening based on hypothetical assumptions and unrelated material was unsustainable.
The Bombay High Court set aside GST adjudication orders after finding that no personal hearing was granted before passing adverse orders. The Court held that Section 75(4) requires hearing even if replies to notices were not filed.
The Telangana High Court set aside a penalty under Section 271D after finding that the assessment order contained no recorded satisfaction for initiating penalty proceedings. The Court held that Supreme Court precedent on mandatory satisfaction was binding on tax authorities.
ITAT Kolkata set aside the penalty order under Section 271D after the assessee claimed inadequate opportunity of hearing during penalty proceedings. The matter was remanded for fresh adjudication and examination of supporting evidence.
NCLT Mumbai held that existence of an arbitration clause in the MoU did not bar initiation of CIRP under Section 7 of the IBC. The Tribunal admitted the insolvency plea after finding sufficient evidence of financial debt and default.
NCLT Mumbai held that protections available under the MSMED Act and RBI revival framework do not bar initiation of CIRP once financial debt and default are established. The Tribunal admitted the Section 7 application after finding default exceeding Rs. 24 crore.
CESTAT Delhi ruled that curved molybdenum mirrors and shields used in automobile lights cannot be classified as flat sheets or foils. The Tribunal held that shaping and curving transformed them into “articles of molybdenum” attracting 10% customs duty.
ITAT Delhi held that effective opportunity of hearing was not provided before passing ex parte assessment and appellate orders. The matter relating to sustained addition was remanded back to the Assessing Officer for fresh adjudication.
CESTAT Hyderabad ruled that pharmaceutical conversion work carried out under a job work agreement amounted to manufacture and not renting of immovable property. The Tribunal held that such activity falls outside service tax levy.
