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Penalty Quashed for Denial of Mandatory Cross-Examination Under Customs Law

December 22, 2025 7857 Views 0 comment Print

The issue was whether penalties could be sustained without proper cross-examination of witnesses. The court held that ignoring Section 138B requirements vitiates the adjudication.

Allahabad HC Granted Stay as Composite GST Show Cause Notice Covers Multiple Years

December 22, 2025 1248 Views 0 comment Print

The issue was whether a single GST show cause notice could cover several assessment years. The court granted interim protection, staying coercive action pending detailed examination.

TDS Deduction on Arbitral Award Disallowed as Amount Becomes Judgment-Debt: Calcutta HC

December 22, 2025 1443 Views 0 comment Print

The Calcutta High Court held that once an arbitral award attains finality, the award amount must be paid in full without deduction of tax at source.

Ex parte Appellate Order Set Aside for Non-Application of Mind in GST Cancellation Case

December 22, 2025 594 Views 0 comment Print

The High Court held that even in ex parte proceedings, the appellate authority must consider appeal grounds. The matter was remanded for fresh decision on merits.

Delhi HC Bars IGST Refund Denial Based on Prior Year ITC Allegations Without SCN

December 22, 2025 849 Views 0 comment Print

The High Court held that export refunds cannot be denied based on alleged excess ITC without issuing an SCN under the CGST Act. The ruling reinforces that recovery proceedings must follow statutory procedure.

Revenue Appeal Dismissed as No Substantial Question of Law in Transfer Pricing Dispute

December 22, 2025 417 Views 0 comment Print

The Delhi High Court rejected the Revenue’s transfer pricing appeals, holding that no substantial question of law arose. The ruling followed earlier decisions on identical issues for prior years.

Uttarakhand HC Set Aside GST Assessment Due to Non-Service of SCN & Documents

December 22, 2025 534 Views 0 comment Print

The High Court held that assessment could not stand where the taxpayer was unable to reply due to non-supply of documents. The matter was remitted for fresh assessment after document supply.

GST Demand Stayed Due to Vague Show-Cause Notice and Jurisdictional Doubt

December 22, 2025 570 Views 0 comment Print

The High Court found prima facie vagueness in a GST show-cause notice that failed to specify missing documents and questioned whether Section 74 jurisdiction was validly invoked. Coercive recovery based on the adjudication order was stayed pending further hearing.

No Proof of Forged Signature: Return of Seized Gold Denied Due to Approved Extension Under Customs Law

December 22, 2025 345 Views 0 comment Print

The High Court held that customs authorities lawfully extended the time under Section 110(2) before expiry, making the later show-cause notice valid and negating the claim for return of seized gold and cash.

Shipping Bill Amendment Allowed to Correct Drawback Error; IGST Refund Granted

December 22, 2025 792 Views 0 comment Print

The court held that a shipping bill could be amended under Section 149 of the Customs Act to correct an inadvertent drawback entry, enabling release of IGST refund on zero-rated exports.

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