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Acquittal order justified as accused proved financial incapability of applicant

July 4, 2025 435 Views 0 comment Print

Gujarat High Court held that order of acquittal passed by Trial Court justified as accused has created a reasonable doubt of financial capacity of applicant to give hand loan and applicant has failed to prove his financial capacity.

GST Assessment cannot be set-aside for failure update contact details: Allahabad HC

July 4, 2025 3564 Views 0 comment Print

Allahabad High Court ruled that a hotel’s failure to update GST contact details does not invalidate ex-parte assessment. Notices sent to registered email/mobile are valid service under GST Act Section 169. Petitioner directed to appellate remedy.

Prima Facie GST Circular No. 3/3/2017 Lacks Legal Authority: Rajasthan HC

July 4, 2025 1122 Views 0 comment Print

The Rajasthan High Court maintained a stay order in Mohit Kirana Store vs. CBIC, questioning the legality of a circular delegating summons power under the GST Act.

Payment date under SVLDR Scheme extended due to COVID pandemic

July 4, 2025 1035 Views 0 comment Print

Himachal Pradesh High Court held that date of making payment under Sabka Vishwas [Legacy Dispute Resolution] Scheme [SVLDR Scheme] extended due to COVID pandemic since denying benefit of SVLDR Scheme would be contrary to the object of the scheme.

Income Tax Review petition cannot be allowed to be ‘an appeal in disguise’

July 4, 2025 792 Views 0 comment Print

Jharkhand High Court held that review can only be sought if there is a mistake or an error apparent on the face of the record. A review petition has a limited purpose and cannot be allowed to be ‘an appeal in disguise’. Accordingly, review petition dismissed.

GST: Bombay HC Quashes Bank Recovery Notice for Denial of Petitioner’s Hearing

July 4, 2025 1326 Views 0 comment Print

The Bombay High Court set aside a GST recovery notice issued to a bank, ruling that the taxpayer must receive prior notice and an opportunity to dispute liability under Section 79(1)(c) of the CGST Act.

HC Orders Fresh Consideration as Reply via Email Ignored & No Personal Hearing Given

July 4, 2025 870 Views 0 comment Print

The Madras High Court directed a fresh GST assessment, citing a violation of natural justice when a taxpayer’s emailed reply was ignored and no personal hearing was granted.

Jurisdiction of JAO to conduct proceedings u/s. 148A: Matter referred to Larger Bench

July 4, 2025 2610 Views 0 comment Print

Madras High Court held that the question of jurisdiction of Jurisdictional Assessing Officer (JAO) to conduct proceedings under section 148A of the Income Tax Act is referred to Larger Bench. Accordingly, writ disposed of.

Order for denial of Duty Drawback Claim of 2015 was quashed in absence of issuance of mandatory deficiency memo u/r 13(3)(a)

July 3, 2025 936 Views 0 comment Print

According to assessee, these claims were arbitrarily “zeroed out” in June 2018 without any speaking order or prior intimation, and without issuing a deficiency memo highlighting the alleged deficiencies in the claims.

Order of acquittal under Negotiable Instrument Act upheld as applicant’s financial capacity not proved

July 3, 2025 927 Views 0 comment Print

The applicant sent the statutory demand notice to the accused on 23.05.2009 which was duly served but no payment was made. The applicant filed the criminal complaint before the Court of the Judicial Magistrate u/s. 138 of the NI Act, 1881.

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