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APVAT: Interest Allowed on VAT Refund Due to Delay Beyond 90 Days Despite Timely Order

December 22, 2025 936 Views 0 comment Print

The court held that interest is payable when the actual refund is made after the statutory 90-day period, even if the refund order was passed earlier.

Income Tax Rectification Order Quashed for Missing DIN & Limitation Breach

December 22, 2025 681 Views 0 comment Print

The court set aside a rectification order passed without a DIN and beyond the statutory time limit. The ruling underscores that non-compliance with CBDT DIN rules renders such orders invalid.

Stay Application Rejected Without Reasons Set Aside as Non-Speaking Order by Bombay HC

December 22, 2025 633 Views 0 comment Print

The Court quashed a stay rejection that contained no reasoning or findings. The matter was remanded for fresh consideration with directions to pass a speaking order.

GST Adjudication Set Aside for Ignoring Annual Return Reconciliation

December 22, 2025 744 Views 0 comment Print

The decision clarifies that GSTR-9 plays a vital role in reconciling ITC claims. Authorities must reassess demands after examining it.

Best Judgment GST Assessment Deemed Withdrawn After Returns Filed

December 22, 2025 981 Views 0 comment Print

Relying on the spirit of Section 62, the Court ruled that compliance after delay nullifies best judgment assessments, though interest liability may remain.

Expired E-Way Bill Alone Insufficient to Sustain GST Penalty: Allahabad HC

December 22, 2025 1131 Views 0 comment Print

With the seizure order set aside, the Court ordered refund of amounts deposited. The decision reinforces proportionality in GST enforcement actions.

Gujarat HC Stayed Final GST Order for Non-Issuance of Pre-Consultation Notice

December 22, 2025 570 Views 0 comment Print

The High Court stayed the passing of a final order after a GST demand was challenged for being issued without a DRC-01A pre-consultation notice. Authorities were restrained from concluding adjudication during pendency of the petition.

GST Show Cause Notice Not Quashed Due to Alternative Remedy Available

December 22, 2025 759 Views 0 comment Print

The High Court declined to interfere with a GST show cause notice, holding that the challenge was premature. The assessee was directed to pursue adjudication and raise all legal submissions.

Section 12A Order Set Aside Due to Breach of Natural Justice

December 21, 2025 309 Views 0 comment Print

The High Court held that denying continuation of registration by relying on an undisclosed investigation report violates natural justice. Since the trust was not given access to the material used against it, the order was set aside and remanded.

Section 148A Proceedings Invalid Outside Section 151A Framework

December 21, 2025 579 Views 0 comment Print

The Court held that reassessment initiated outside the statutory framework of Section 151A is invalid. All notices and approvals issued by the jurisdictional officer were quashed, with liberty reserved for revival.

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