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Interest on Delayed GST Refund Payable from Original Application Date: Bombay HC

October 22, 2025 5337 Views 0 comment Print

Bombay High Court held that interest under Section 56 of the CGST Act must be paid from 60 days after the original refund application, even if the refund is granted later following an appellate order. The Court relied on Lupin Ltd., Ranbaxy Laboratories, and other precedents to reject the Revenue’s stand.

Allahabad HC Granted Bail in ₹20 Crore GST Fraud Case as Investigation Concluded

October 22, 2025 840 Views 0 comment Print

The Allahabad High Court granted bail to Azharuddin, accused of over ₹20 crore (Rs.2.4 million) in GST evasion through Input Tax Credit (ITC) fraud, considering the completion of the investigation, the filing of the complaint, the maximum five-year sentence, and Supreme Court rulings on bail for economic offenses based on documentary evidence.

AMP Expenditure Not an International Transaction: Delhi HC Reaffirms

October 22, 2025 696 Views 0 comment Print

The Delhi High Court dismissed the Revenue’s appeal against Casio India for AY 2017-18, upholding the deletion of a Transfer Pricing adjustment for AMP expenses. The court ruled that the issue was covered by prior judgments, which rejected the Bright Line Test methodology.

GST Appeal Delay Due to Rectification Application – Period Must Be Excluded: P&H HC

October 22, 2025 4716 Views 0 comment Print

Punjab and Haryana High Court rules the time spent on a GST rectification application under Section 161 must be excluded from the appeal limitation period under Section 107, setting aside an appeal’s dismissal based on delay.

Levy of Customs Duty on EOU Capital Goods Not Justified Without Export Achievement

October 22, 2025 696 Views 0 comment Print

Karnataka High Court rules that duty on capital goods imported by an EOU is not leviable if the goods are installed and used for manufacturing, even if the export obligation is unfulfilled. Penalties under Section 112(a) are also invalidated.

Bombay HC Advises Use of Trade Circular Before Approaching Court on GST Issues

October 22, 2025 663 Views 0 comment Print

The petitioner challenging GST orders was directed to comply with Trade Circular 13 August 2024 for interim protection; constitutional claims on Section 16(2)(c) can be raised only after exhausting remedies before the future GST Tribunal.

Department’s Preemptive Action on Fraudulent ITC Blocked by Delhi HC

October 22, 2025 489 Views 0 comment Print

Orders blocking GST input tax credit under Rule 86-A were set aside because the petitioner filed a reply within the timeline, but the department issued restrictive orders prematurely without hearing the petitioner.

Delhi HC Dismisses Appeal Seeking Interim Deposit under MCD Property Tax Amnesty Scheme

October 22, 2025 681 Views 0 comment Print

A school challenged the MCD’s tax calculation under the SUNIYO Amnesty Scheme. The Delhi High Court, citing an SC restraint on similar interim orders, rejected the plea for a conditional deposit, reinforcing the policy-based nature of tax amnesty offers.

Madras HC Quashes Ex-Parte GST Assessment on 25% Pre-Deposit Condition

October 22, 2025 675 Views 0 comment Print

The Madras High Court set aside an assessment order against Gayathri Builder, which failed to respond to a GST Show Cause Notice. The court quashed the order and remitted the case back for fresh adjudication, contingent on the builder depositing 25/% of the disputed tax and filing a complete reply within 30 days.

IBC Proceedings Cannot Shield Directors from Section 138 NI Act Liability

October 22, 2025 3336 Views 0 comment Print

Bombay High Court held that directors cannot escape personal criminal liability for dishonoured cheques even if the company is under insolvency proceedings.

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