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Tender Process Stalled Over ITR and VAT Confusion; Orissa HC Intervenes

December 1, 2025 264 Views 0 comment Print

The case concerns a tender for sand quarries stalled despite receiving required clarifications on ITR and VAT issues. The Court held that authorities must act promptly once clarifications are issued and directed transmission of records for immediate decision-making.

Cross-LoC Barter Trade With PoK is Intra-State Supply: J&K HC

December 1, 2025 816 Views 0 comment Print

Court held that barter transactions between Jammu & Kashmir and PoK qualify as intra-state supplies, making GST applicable. The ruling upholds Section 74 notices as valid and directs traders to pursue statutory remedies.

Income Tax Reassessment Notice Invalid as AO Relied Only on Faulty Audit Objection

December 1, 2025 522 Views 0 comment Print

The Court ruled that reassessment could not be initiated based on audit objections containing factual errors and overlooking prior accepted depreciation. The decision underscores that reopening must be based on proper evaluation of facts, not mere audit remarks.

Writ Petition Not Maintainable in Penalty Proceedings with Factual Disputes

December 1, 2025 324 Views 0 comment Print

The High Court declined to interfere with a penalty imposed under Section 271(1)(c) after the Department failed to produce a 2008 notice. The Court directed the assessee’s legal heirs to pursue the statutory appeal, noting the factual dispute requires appellate examination.

Customs’ Oral SCN Waiver Cannot Justify Detention of Imported Goods: Delhi HC

December 1, 2025 780 Views 0 comment Print

Court held that Customs cannot rely on oral waivers of show cause notices. Detained goods must be released if statutory requirements under Customs Act are not followed.

Delhi HC: ₹2.01 Cr Already Deposited; GSTAT Appeal Allowed Without Further Pre-Deposit

December 1, 2025 573 Views 0 comment Print

Court held that authorities failed to consider petitioner’s earlier deposit of over ₹2.01 crore before imposing penalties. Matter was directed to GST Appellate Tribunal for fresh evaluation, with permission to appeal without further pre-deposit.

Chhattisgarh HC Declines Write in ₹3.38 Cr GST Demand Due to Alternate Remedy

December 1, 2025 411 Views 0 comment Print

The High Court held that the petitioner must pursue the appellate remedy under Section 112 of the CGST Act, declining to interfere with the ₹3.38 crore GST demand. The ruling emphasizes that writ jurisdiction cannot substitute statutory appeal mechanisms.

GST Registration Cancellation Invalid Due to Defective SCN: Karnataka HC

December 1, 2025 492 Views 0 comment Print

The Court held that GST registration cannot be cancelled without specifying a date and time for a personal hearing. The cancellation order was set aside and the matter remitted for fresh consideration.

Reassessment of UPVAT ITC Not Permissible Without Turnover Escapement: Allahabad HC

December 1, 2025 354 Views 0 comment Print

The Allahabad High Court held that Section 29 reassessment applies only where turnover has escaped assessment. ITC claims already accepted in original assessments cannot trigger reassessment. Orders attempting to reverse ITC alone were declared without jurisdiction and invalid.

Writ Dismissed as Delhi HC Cites Alternate Remedy in ITC Fraud Case

December 1, 2025 654 Views 0 comment Print

The Court declined to entertain the writ petition challenging a GST demand linked to suspected fraudulent ITC transactions. It held that factual disputes must be resolved through the appellate remedy under Section 107. The petitioner was directed to file an appeal with the required pre-deposit.

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