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Writ Not Maintainable Against SARFAESI Auction Notice as Effective Remedy Exists

July 24, 2025 900 Views 0 comment Print

Madras High Court dismisses writ petition against SARFAESI sale notice, reiterating that statutory appeal under SARFAESI Act is the appropriate remedy.

Private Banks Not Amenable to Writ Jurisdiction Under Article 226: P&H HC

July 24, 2025 1260 Views 0 comment Print

The Punjab and Haryana High Court ruled that private banks, like ICICI, are not “State” under Article 12, precluding writ petitions for directions on loan recovery. Borrowers must use SARFAESI Act remedies.

Service Tax Paid Under RCM Post-GST Not Barred by Unjust Enrichment: Calcutta HC

July 24, 2025 669 Views 0 comment Print

Calcutta High Court overturns CESTAT’s remand order, directing a refund to Ipsen Technologies. A typographical omission by the Tribunal led to an unnecessary ‘unjust enrichment’ inquiry.

Pre-deposit for GST Appeal Can Include Amounts Paid During Investigation: Delhi HC

July 24, 2025 1767 Views 0 comment Print

The Delhi High Court ruled that amounts paid during GST investigation can be adjusted towards pre-deposit for filing an appeal, and also addressed duplication in demand notices.

Allahabad HC Quashes Ex-Parte GST Order on Natural Justice Grounds

July 24, 2025 669 Views 0 comment Print

Allahabad HC quashes an ex-parte GST assessment against Som Fragrances due to improper notice service, violating natural justice. Court directs fresh assessment after petitioner files objections.

TDS Mismatch Not Sufficient to Reject Return or Deny Refund: Delhi HC

July 24, 2025 708 Views 0 comment Print

Delhi High Court rules that a tax refund cannot be denied for a TDS mismatch if the assessee timely filed a revised return, and revenue neither rejected it nor communicated defects.

Ex-Parte Assessment Order Quashed as Notices Were Sent Only to Auditor’s Email

July 24, 2025 816 Views 0 comment Print

Madras High Court sets aside ex parte income tax order in Natarajan Manohar vs ITO due to email ID dispute, mandating fresh consideration and personal hearing.

HC Allows Release of Confiscated Goods on Payment of Fine – Section 130 CGST

July 24, 2025 576 Views 0 comment Print

Kerala High Court allows release of GST confiscated goods if not auctioned, pending appeal. A taxpayer’s vehicle and scrap materials were ordered released under Section 130 upon fine payment.

No Section 50C Addition if Consideration Follows Pre Circle Rate Hike Agreement

July 24, 2025 954 Views 0 comment Print

The Delhi High Court has dismissed an appeal by the PCIT against Thomson Press (India) Ltd, upholding that Section 50C applies based on circle rates at the time of agreement to sell, not the later sale deed.

Criminal proceedings against accused having business relation with borrower quashed after one-time settlement

July 24, 2025 942 Views 0 comment Print

Allahabad High Court held that after one time settlement of loan between borrowers and guarantor with bank, the criminal proceedings against accused [who is neither borrower nor guarantor] having business relation with borrower is liable to be quashed.

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