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Customs Broker Licence Suspension Set Aside for Lack of Evidence & Mens Rea

November 30, 2025 726 Views 0 comment Print

The Tribunal found that the Customs Broker fulfilled obligations by verifying exporter documents, and no requirement existed for deeper background checks. The suspension order was set aside.

Writ Petition Dismissed as GST Appeal Decided on Merits Despite Pre-Deposit Issue

November 30, 2025 561 Views 0 comment Print

The Court held that even though pre-deposit compliance was disputed, the appellate authority had decided the case on merits. Since the merit findings were not shown to be unreasonable, no interference was warranted.

Delhi HC Directs Appeal as Proper Remedy After Gold Seizure Order wthout SCN

November 30, 2025 372 Views 0 comment Print

The Court ruled that the petitioner must challenge the confiscation order through the statutory appellate process, deeming the order served on the date of the judgment and ensuring her right to a personal hearing.

ITAT Hyderabad Directs AO to Reassess Charitable Expenses with Evidence

November 30, 2025 330 Views 0 comment Print

The ITAT Hyderabad allowed claims for charitable expenditures after verifying vouchers and accounts, emphasizing that disallowances cannot be made without substantive evidence.

Detained Cigarettes Released After HC Finds CGST Authorization Invalid

November 29, 2025 639 Views 0 comment Print

The Delhi High Court found that the search, seizure, and detention of goods under Section 67(2) CGST were invalid, as statutory conditions were not met.

Section 148 Notices Held Defective for Post-April Issuance Despite March Dating

November 29, 2025 975 Views 0 comment Print

The Court held that Section 148 notices dated 31 March 2021 but issued after that date could not be treated as issued within the old limitation period. The ruling applies the amended reassessment framework and the Supreme Court’s directions in similar cases.

Modest Refund Amount: SC Declines Interference, SEZ Refund Issue Still Open

November 29, 2025 630 Views 0 comment Print

The Court held that pending SLP does not bar enforcement of binding High Court precedent. The petitioner’s refund of ₹65 lakh for unutilized IGST was reinstated.

SEZ Unit Entitled to Refund of Accumulated ITC: Gujarat HC

November 29, 2025 780 Views 0 comment Print

The Gujarat High Court allowed a chemical manufacturer’s refund claim of unutilized ITC under Rule 89, affirming SEZ units can claim refunds even when supplied via ISD. Prior precedent in Britannia Industries guided the decision.

SC Confirms DTAA Protection Against Higher TDS Under Section 206AA

November 29, 2025 684 Views 0 comment Print

The Court clarified that rental payments for aircraft engines fall under equipment per the India-Netherlands DTAA, and beneficial DTAA rates apply for TDS. Section 206AA cannot override these provisions.

TDS Rate for Non-Residents Governed by DTAA, Not Section 206AA: Delhi HC

November 29, 2025 786 Views 0 comment Print

The Delhi High Court held that TDS for non-residents without PAN should follow DTAA rates, not the 20% rate under Section 206AA. The ruling confirms treaty provisions override procedural domestic laws.

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