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Tax Recovery Claims Extinguished After NCLT Resolution Plan Approval: Madras HC

December 13, 2025 486 Views 0 comment Print

The Madras High Court held that tax claims not included in a Resolution Plan approved under the IBC cannot be pursued, confirming all pre-approval dues stand extinguished.

Excess Earlier GST Recovery Qualifies as Pre-Deposit for GST Appeal: Calcutta HC

December 13, 2025 831 Views 0 comment Print

The Court held that GST recovery exceeding 10% made earlier must be treated as statutory pre-deposit. The appellate authority must hear the appeal on merits without insisting on further payment.

Customs Penalty quashed Due to Lack of Proof of Mis-Declaration in Scrap Import

December 13, 2025 321 Views 0 comment Print

The Tribunal held that allegations of mis-declaration and under-valuation were unsupported by evidence. The redemption fine and penalty were set aside as the valuation acceptance was attributed to clearance delays.

GST Refund Rejection Set Aside for Ignoring Timely Applications and COVID-19 Limitation Exclusion

December 13, 2025 540 Views 0 comment Print

The Court held that multiple refund applications filed within time were wrongly rejected as time-barred. It ruled that COVID-19 limitation exclusion and earlier timely filings must be considered, directing reconsideration with interest.

Cess Refund Cannot Be Denied Merely Because Exports Were Made on Payment of IGST: SC

December 13, 2025 798 Views 0 comment Print

The court held that refund of Compensation Cess ITC is permissible on exports made with IGST payment because statutory provisions prevail over conflicting circulars. The ruling clarifies that unutilized Cess credit on inputs used for exports must be refunded.

Addition Based on Form 26AS Set Aside Due to Need for Verification of Actual Receipts

December 13, 2025 555 Views 0 comment Print

Tribunal held that income cannot be added merely because it appears in Form 26AS and remanded matter to verify whether assessee actually received amounts corresponding to TDS credits.

Settlement applications upheld as SC declines interference despite eligibility dispute

December 13, 2025 387 Views 0 comment Print

Supreme Court refused to interfere with the High Court ruling that treated settlement applications filed before 31.03.2021 as valid, while keeping the legal question open

Settlement applications held valid as Finance Act not in force before March 2021

December 13, 2025 285 Views 0 comment Print

The court ruled that settlement applications filed between 01.02.2021 and 31.03.2021 remain valid since the Finance Act, 2021 took effect only on 01.04.2021, preserving vested rights during the interregnum

SC Dismisses Delayed SLP, Upholds Quashing of Reassessment Notices

December 13, 2025 678 Views 0 comment Print

Orders issued under Sections 147A(d) and 148 were quashed as arbitrary, and the delayed SLP challenging them was dismissed, finalizing the invalidation of reassessment proceedings.

Bombay HC Quashes Reassessment and Notices as Illegal and Arbitrary

December 13, 2025 534 Views 0 comment Print

The Bombay High Court held the reassessment and associated notices illegal and arbitrary, setting aside orders under Sections 147A(d) and 148.

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