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Judiciary

Refund Barred by Limitation When Bill Not Provisionally Assessed: CESTAT Mumbai

October 28, 2025 498 Views 0 comment Print

CESTAT Mumbai held that refund claims under Section 27 cannot invoke extended limitation if the bill of entry was assessed under Section 17 and not provisionally under Section 18 of the Customs Act.

Unregistered Partnership Firm Can File Writ Petition to Enforce Statutory Rights under GST

October 28, 2025 1956 Views 0 comment Print

Delhi HC rules that Section 69(2) of the Partnership Act does not bar an unregistered firm from filing a writ petition to enforce statutory rights, upholding the maintainability of a GST challenge.

Delhi HC Directs GST Officers to Return or Share Data from Seized Phones & Laptops

October 28, 2025 1104 Views 0 comment Print

Ordering compliance with Section 67(3) and (5) of CGST Act, Court held that seized devices must either be returned if not relied upon, or data copies must be furnished to taxpayer in presence of officials.

MP HC Dismisses Repeat GST Writ Petition; Imposes ₹2 Lakh Cost for Abuse of Process

October 28, 2025 861 Views 0 comment Print

MP HC dismissed a second writ petition filed by a cigarette manufacturer seeking documents already covered by earlier court orders, holding it was an abuse of process to stall GST adjudication and imposed ₹2 lakh as costs.

Delhi HC Mandates Strict MIP Enforcement on Soda Ash Imports

October 27, 2025 750 Views 0 comment Print

Delhi HC directs Customs and CBIC to strictly implement the DGFT’s Minimum Import Price (MIP) of Rs. 20,108/- per MT on Soda Ash imports to protect domestic industries.

GST Seizure under Section 130 Invalid When Demand Lies Under 73/74: Allahabad HC

October 27, 2025 975 Views 0 comment Print

The Allahabad HC quashed GST confiscation orders for excess stock, ruling that authorities must proceed via regular assessment (Sec 73/74), not severe confiscation.

Rectification order Pendency Sufficient Cause for Minor Delay in GST Appeal: Delhi HC

October 27, 2025 915 Views 0 comment Print

Delhi HC condoned a 16-day delay in filing a GST appeal, holding that pendency of a rectification plea constituted a sufficient cause under Section 107(4) of the CGST Act. The appeal was restored subject to costs.

Cash Deposit Addition Invalid When Source Is Fully Explained with Documentary Proof

October 27, 2025 924 Views 0 comment Print

ITAT quashes an income tax addition for cash deposits, ruling that a detailed documentary trail explaining the source for visa purposes cannot be dismissed solely by a third party’s denial.

ITAT Deletes Interest Disallowance After Revenue Accepts Loan Genuineness

October 27, 2025 807 Views 0 comment Print

ITAT ruled that interest on loans cannot be disallowed when the AO accepts the loan principal is genuine by dropping an addition proposed under Section 68 of the Act. which deleted a Rs 3 lakh interest disallowance after the tax officer admitted the underlying loans were genuine.

Voluntary TP Adjustment under APA Eligible for 10AA Deduction: Karnataka HC

October 27, 2025 822 Views 0 comment Print

The Karnataka High Court affirmed that SEZ units can claim Section 10AA deduction on income enhanced through a voluntary Advance Pricing Agreement (APA) adjustment. The ruling clarifies that the bar under Section 92C(4) applies only to income enhanced by the Assessing Officer, not to voluntary APA compliance.

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