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Appellate jurisdiction against reassessment order u/s. 39(1) of KVAT Act cannot be equated with rectification u/s. 69

July 24, 2025 990 Views 0 comment Print

Karnataka High Court held that appellate jurisdiction against the reassessment order u/s. 39(1) of Karnataka Value Added Tax Act, 2003 [KVAT Act], cannot be equated with the jurisdiction conferred u/s. 69 of KVAT Act to seek rectification.

Non-granting of sufficient time to furnish reply vitiates the entire proceeding

July 24, 2025 891 Views 0 comment Print

Madras High Court held that non-granting sufficient time to the petitioner for furnishing reply results into lack of opportunities being provided to the petitioner. Accordingly, order passed thereon is liable to be set aside.

Transfer of financial fraud case from Aizawl to Assam denied in absence of any compelling reason

July 24, 2025 855 Views 0 comment Print

Gauhati High Court denied to transfer large scale financial fraud case from Aizawl to Assam since sufficient number of witnesses have been listed by the IO to prove the case and there appears to be no compelling reason to transfer the cases.

AO Not Bound by Appellate Remarks in De Novo VAT Assessment: Madras HC

July 24, 2025 441 Views 0 comment Print

The Madras High Court has addressed a tax dispute involving Tvl. Aro Granite Industries Ltd., directing an assessing authority to re-evaluate a slump sale claim independently, free from prior appellate observations.

Receipt of payment cannot be qualified as FTS merely because service require technical expertise

July 24, 2025 963 Views 0 comment Print

Delhi High Court held that payments received for services that may require technical expertise, technical inventions or technology would not qualify as Fees for Technical Services under Article 13 of the India-UK DTAA. Accordingly, appeal allowed.

Kerala Luxury Tax on Large Residences Constitutionally Valid; Demand Beyond 3 Years Set Aside

July 24, 2025 1080 Views 0 comment Print

The Kerala High Court affirmed the validity of Section 5A of the Kerala Building Tax Act, classifying it as a building tax, not a luxury tax, but restricted recovery to a three-year period.

GST Cancellation Revoked as Returns Filed & Dues Paid Up to Cancellation Date

July 24, 2025 873 Views 0 comment Print

The Gauhati High Court has ordered the restoration of a GST registration after the petitioner paid all outstanding dues, citing a similar precedent.

Order Quashed as SCN Sent to Old Address; Exporter Allowed to Submit BRCs in Fresh Proceedings

July 24, 2025 372 Views 0 comment Print

Madras High Court sets aside Customs order against Spac Starch due to non-receipt of notices, citing natural justice. Case remanded for fresh hearing.

Ex-Parte GST Orders Invalid if SCN uploaded solely on ‘Additional Notices Tab’ without ensuring petitioner’s awareness

July 24, 2025 1359 Views 0 comment Print

 Delhi High Court rules ex-parte GST orders are invalid if the Show Cause Notice was only uploaded to the ‘Additional Notices Tab’ on the GST portal, without proper notification.

Odisha HC Denies Pre-Arrest Bail to GST Operator in ₹1.29 Crore Fraud Case

July 24, 2025 345 Views 0 comment Print

The Odisha High Court denied pre-arrest bail to a GST facilitation operator accused of diverting Rs.1.29 crore entrusted for GST dues, citing the nature of the economic offense and societal impact.

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