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Date of receipt of order as per assessee to be accepted in absence of any contrary evidence by department

August 23, 2025 864 Views 0 comment Print

Madras High Court held that date of receipt of copy of order is to be accepted in absence of any contrary evidence by the respondents/ department. Accordingly, dismissal of appeal on ground of limitation not justified. Hence, matter remanded back for fresh consideration.

Penalty for non-filing of Part-B of E-Way Bill reduced as Part-A generated which covered all details

August 23, 2025 1698 Views 0 comment Print

Gujarat High Court held that since petitioner has generated Part-A of the E-Way Bill covering all the transport related details, the benefit of the Circular No.64/38/2018-GST is required to be given, hence the penalty amount is reduced.

Where non-submission of documents led to Best Judgment Assessment, HC set aside order subject to 15% deposit

August 23, 2025 414 Views 0 comment Print

Revenue submitted that the order was issued in order to meet statutory limitation deadlines. During the hearing, both assessee and the authority agreed that assessee had an alternate remedy under Section 246A, along with the option to seek condonation of delay under Section 249(3).

No separate sales tax on HDPE Bags used to pack cement when the same were sold separately

August 23, 2025 285 Views 0 comment Print

Once it was held that there was an independent and separate sale of the HDPE bags in which the cement was sold, there was no question of levying any sales tax at the same rate as that levied on cement.

No GST Recovery If Pre-Deposit Made & Undertaking to Approach Tribunal filed

August 22, 2025 1185 Views 0 comment Print

No recovery of outstanding GST ( Goods and Services Tax ) demand could be made once a taxpayer deposited the statutory pre-deposit under Section 112(8) of the CGST Act and filed an undertaking to approach the Appellate Tribunal when it become functional.

Auction purchaser entitled to get clear title of secured asset free from encumbrance: Bombay HC

August 22, 2025 1395 Views 0 comment Print

Bombay High Court held that secured creditors have a clear priority over the dues of the State as per Section 26E of the SARFAESI Act. Thus, clear title must pass to auction purchaser and State cannot be allowed to continue its encumbrance upon secured asset sold.

Order passed beyond time limit prescribed u/s. 144C(13): Karnataka High Court

August 22, 2025 546 Views 0 comment Print

Karnataka High Court held that the assessment order passed is beyond the time limit prescribed under Section 144C(13) of Income Tax Act. Accordingly, the appeal is disposed of.

Non-Application of Mind & Lack of Hearing: HC Quashes GST Registration Cancellation

August 22, 2025 573 Views 0 comment Print

Allahabad High Court voids a GST registration cancellation, citing a contradictory order that revealed non-application of mind and a lack of due process.

GST Registration Cancellation Without Hearing Quashed by Allahabad HC

August 22, 2025 663 Views 0 comment Print

Allahabad High Court sets aside a GST registration cancellation, citing violations of natural justice, including improper notice and lack of a hearing.

Challenge to remand order of Tribunal wouldn’t survive for further consideration: Writ disposed of

August 22, 2025 327 Views 0 comment Print

Karnataka High Court held that challenge by revenue to the order of remand passed by Tribunal wouldn’t survive for further consideration hence appeal disposed of and question of taxability of software fees under DTAA not answered.

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