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Delhi HC Quashes Reassessment as Second Section 148 Notice was Time-Barred

November 7, 2025 894 Views 0 comment Print

The Delhi High Court set aside the second Section 148 notice, ruling it was time-barred and constituted an illegal initiation of parallel reassessment proceedings.

Calcutta HC Allows Appeal Filing After Delay Due to GST Portal Access Issues

November 7, 2025 588 Views 0 comment Print

Calcutta High Court directs CGST authorities to accept a delayed appeal against a Section 73 order and re-examine a pending SCN after restoring the petitioner’s GST portal access.

Existing 12AA Registration Valid Basis for Section 80G Approval: Chhattisgarh HC

November 7, 2025 708 Views 0 comment Print

Chhattisgarh High Court dismissed Revenue’s appeal, ruling that an existing and operational registration under Section 12AA makes grant of Section 80G approval mandatory. The court held that once 12AA status is granted, further inquiry into application for 80G is unnecessary, citing Supreme Court precedent.

Rule 96(10) Repeal Lapses Pending GST Proceedings: Bombay HC

November 7, 2025 744 Views 0 comment Print

Bombay High Court allowed Aarti Drugs Limited’s petition, ruling that repeal of CGST Rule 96(10) in October 2024 invalidated all pending proceedings, including impugned SCN and Order-in-Original. judgment applied precedent from Hikal Ltd. on lapsing effect of repeal.

Bombay HC Voids GST Adjudication Order Lacking Post-SCN Hearing

November 7, 2025 552 Views 0 comment Print

Bombay High Court set aside the Order-in-Original dated April 20, 2024, finding a patent failure of natural justice as no hearing was granted after the SCN was issued.

Delhi HC Orders Release of Seized Gold with Reduced Fine and Penalty

November 6, 2025 957 Views 0 comment Print

The court directed implementation of an Order-in-Appeal allowing the release of gold upon payment of a reduced redemption fine and penalty of ₹35,000 each.

Decide SCN Rectification Before GST Adjudication: Orissa HC

November 6, 2025 936 Views 0 comment Print

Orissa High Court directs GST authority to first assess the maintainability and merits of an application seeking rectification of a show cause notice under Section 161.

Gauhati High Court Denies Bail Over Fraudulent GST ID and Password Use

November 6, 2025 3912 Views 0 comment Print

The High Court found the accused’s claims of illegal arrest and lack of police procedure compliance to be incorrect and rejected the bail application due to the magnitude of the alleged fraud.

Missing E-Way Bill Not a Ground for Higher GST Penalty if Tax Invoice Available

November 6, 2025 1800 Views 1 comment Print

Allahabad High Court set aside the penalty order (GST MOV-09) against M.D. Traders, ruling that the penalty for a missing e-way bill, when a tax invoice is present, must be determined under Section 129(1)(a) of the GST Act, not 129(1)(b).

Delay in filing return condoned as genuine losses will not be permitted to be carried forward

November 6, 2025 744 Views 0 comment Print

Bombay High Court held that assessee couldn’t be put to considerable disadvantage due to belated advice given by CA. Further, in case delay is not condoned, grave hardship will be suffered as genuine losses will not be permitted to be carried forward. Accordingly, delay in filing return condoned.

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