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Writ Not Maintainable After Final Assessment Due to Alternate Remedy: SC

December 28, 2025 786 Views 0 comment Print

The issue was whether a writ petition could bypass the statutory appeal after a final assessment order. The Supreme Court upheld dismissal of the writ, holding that availability of an appellate remedy bars writ jurisdiction, while granting time to file appeal.

Reassessments Quashed Due to Lack of Year-Specific Seized Material: SC

December 28, 2025 465 Views 0 comment Print

The Court held that reassessment notices failed because seized documents did not relate to the relevant assessment years. Jurisdiction under Section 153C was therefore not validly assumed.

Bombay HC Dismissed Writ Petition for Bypassing Statutory Appeal Remedy

December 28, 2025 717 Views 0 comment Print

The Court refused to entertain a writ against an assessment order where an appeal remedy was available. Bypassing statutory remedies was held impermissible.

GST Payable on Foreign Patent Filing Costs Due to Import of Legal Services: AAR West Bengal

December 28, 2025 714 Views 0 comment Print

The ruling held that expenses paid to overseas patent attorneys are taxable as import of legal services. GST must be discharged by the Indian recipient under reverse charge, even if the invoice describes the amount as reimbursement.

Wrong E-Way Bill Destination is Major Violation, Not Clerical Error: MP HC

December 28, 2025 3366 Views 0 comment Print

Issue: No correction made despite ample opportunity. Ruling: Penalty confirmed. Takeaway: Timely rectification is critical to claim bona fide mistake.

GST Appeal Revived Since Delay Attributed to Rectification Application

December 26, 2025 1086 Views 0 comment Print

The Court ruled that a 67-day delay in filing GST appeal deserved condonation as the taxpayer was pursuing statutory remedies. The appellate authority was directed to hear the appeal on merits.

GST Appeal Delay Can Be Condoned Because Time Limit Held Directory

December 26, 2025 1431 Views 0 comment Print

The High Court ruled that the appellate authority has power to condone delay under Section 107(4) of the GST Act. The key takeaway is that GST appeal timelines are not mandatory and require consideration on merits.

Only Profit Element Taxable Where Purchases Are From Suspected Hawala Parties

December 26, 2025 903 Views 0 comment Print

The Tribunal held that when sales are accepted and purchases are unverifiable, only the embedded profit can be taxed. Full disallowance of purchases was found unsustainable.

GST Registration Restored as Illness Caused Non-Response to Show Cause

December 26, 2025 735 Views 0 comment Print

Emphasizing the gravity of cancellation, the Court intervened where illness prevented compliance. The key takeaway is that genuine hardship can warrant restoration of registration.

SC Dismisses Reopening Beyond Four Years Due to Change of Opinion

December 26, 2025 1014 Views 0 comment Print

The Supreme Court upheld the quashing of a reassessment notice issued after four years. It ruled that reopening based on a change of opinion, without any suppression of facts, is invalid.

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