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Time limit of six years is reasonable for passing order u/s. 201 of Income Tax Act

September 27, 2025 2670 Views 0 comment Print

Madras High Court held that time limit of six years is reasonable time for passing of order under section 201 of the Income Tax Act in respect of non-residents. Accordingly, order impugning assessment years beyond six years is set aside.

Pre-SCN Consultation Mandatory for Service Tax Demands Over Rs. 50 Lakhs: Bombay HC

September 27, 2025 1131 Views 0 comment Print

Bombay HC set aside high-value SCNs issued without prior consultation. Upholding binding CBIC Circulars, Court ruled that pre-consultation is mandatory for tax demands exceeding ₹50 lakhs, citing SC precedents.

CCTV Footage of assessee’s family should not be used by GST Dept as it violated right to privacy

September 26, 2025 4812 Views 0 comment Print

Some of the concerns which were raised by assessee such as right to privacy of the family being violated, etc., deserve to be addressed as any family-related CCTV footage which was with the GST department and violated the privacy of family members could not be used or disseminated in any manner.

Provisional Release conditions for imported fabric was modified and substituted Rs. 22 Lakh of Bank Guarantee with Bond

September 26, 2025 522 Views 0 comment Print

While securing the Revenues interest under Section 110A of the Customs Act, conditions for provisional release should not be unduly harsh. Requirement to furnish Bank Guarantee of ₹22 lakhs  was modified with execution of bond of Rs. 22 lakh.

Only DGFT empowered to cancel or suspend MEIS certificate

September 26, 2025 678 Views 0 comment Print

Madras High Court held that MEIS would clearly qualify as an instrument u/s. 28AAA of the Customs Act bestowing financial or fiscal benefits, however, only Director General of Foreign Trade [DGFT] is empowered to cancel or suspend the same.

Scope of Appeal was limited u/s 28KA Customs Act as advance ruling was binding unless it was arbitrary

September 26, 2025 609 Views 0 comment Print

Scope of appeal under Section 28KA of the Customs Act, 1962, was limited, as the ruling obtained was binding on the persons mentioned in Section 28J of the Customs Act, 1962.

Doctrine of substantial compliance could not override mandatory timelines for Excise Special Rebate

September 26, 2025 672 Views 0 comment Print

The contention of substantial compliance could not override the mandatory time limits under the notification. As there was no statutory requirement of an Eligibility Certificate, and the application for fixation of rebate was filed beyond the prescribed time, the appeal was devoid of merit.

Retrospective cancellation of GST registration for non-filing of return for some period not lawful

September 25, 2025 777 Views 0 comment Print

The present petition has been filed by the Petitioner challenging the order dated 22nd November, 2024 by which the Goods and Services Tax (“GST”) Registration of the Petitioner has been cancelled retrospectively with effect from 29th December, 2017.

Seizure memo without containing ‘reason to believe’ is invalid

September 25, 2025 990 Views 0 comment Print

Patna High Court held that seizure memo without recording mandatory ‘reason to believe’ as required under Section 110 of the Customs Act, 1962 is invalid and bad-in-law. Accordingly, order of confiscation is liable to be quashed.

SEZ Rule 27(1) imposing export duty on supplies from DTA to SEZ is ultra vires

September 25, 2025 1110 Views 0 comment Print

Andhra Pradesh High Court held that 5th Proviso to Rule 27(1) of the Special Economic Zone Rules, 2006 imposing export duty on supplies from Domestic Tariff Area [DTA] to Special Economic Zone [SEZ] is ultra vires. Accordingly, the proviso is struck down and petition is allowed.

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