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Judiciary

Extended period of limitation cannot be invoked in case of dispute in classification of goods

August 13, 2025 2460 Views 0 comment Print

CESTAT Chennai held that the classification of the goods cannot be said to be one involving suppression of facts and willful mis-statement. Hence, invocation of extended period of limitation under section 28(4) of Customs Act not justified.

Notice by Additional Director General of Central Excise Intelligence in customs matter lacks jurisdiction

August 13, 2025 666 Views 0 comment Print

Madras High Court held that issuance of show cause notice under Customs Act by Additional Director General of Central Excise Intelligence based on notification which does not specify any territorial jurisdiction is not sustainable in law.

Appellate authority directed to dispose of matter expeditiously considering forceful recovery under GST

August 13, 2025 516 Views 0 comment Print

Karnataka High Court issued a writ of mandamus directing appellate authority to dispose of the matter expeditiously as amount recovered under GST as petitioner alleges that recovery is done adopting coercive and forceful means.

Cash gifts received during wedding cannot be treated as unexplained money u/s. 69A: ITAT Bangalore

August 13, 2025 1476 Views 0 comment Print

ITAT Bangalore held that cash gifts received from relatives and friends during wedding cannot be treated as unexplained money u/s. 69A of the Income Tax Act merely because each donor is not individually verified. Accordingly, addition directed to be deleted.

Provisional attachment u/s. 83 of CGST Act cannot be basis to challenge any action under SARFAESI Act

August 13, 2025 537 Views 0 comment Print

Madras High Court held that the provisional attachment order passed under Section 83 of the CGST Act could not be made a basis to challenge any action that may be taken in future or any order passed towards recovery of loan under the SARFAESI Act.

Order of special audit not sustained as procedure mandated u/s. 142(2A) and 142(2C) not followed

August 13, 2025 489 Views 0 comment Print

ITAT Delhi held that order of special audit held to be void ab-initio since due procedure as mandated under the provisions of Sec. 142(2A) and Sec. 142(2C) of the Income Tax Act has not been followed.

Stock Transfers of Explosives to two State Depots Are Branch Transfers, Not Inter-State Sales: HC

August 13, 2025 861 Views 0 comment Print

The movement of explosives from Maharashtra to company depots in West Bengal and Jharkhand under a running contract with Coal India Ltd. constituted branch transfers under Section 6A of the CST Act and not inter-State sales.

Revision u/s. 263 initiated by CIT based on AO’s recommendation is not maintainable

August 13, 2025 978 Views 0 comment Print

ITAT Bangalore held that initiation of revisionary proceedings under section 263 of the Income Tax Act by CIT based on the recommendation of the AO is not maintainable. Accordingly, revisionary order set aside and appeal allowed.

Notice u/s. 133(6) remaining unserved cannot be reason for disallowance of professional fees

August 13, 2025 1206 Views 0 comment Print

ITAT Jaipur held that disallowance of professional fees merely for the reason that notice under section 133(6) of the Income Tax Act remained unserved is not justifiable since assessee has placed various evidences on record. Accordingly, appeal is allowed.

FEMA Compounding application not maintainable post completion of adjudication

August 13, 2025 852 Views 0 comment Print

Calcutta High Court held that compounding application under Foreign Exchange Management Act, 1999 cannot be maintained post completion of adjudication process. Accordingly, appeal failed and hereby dismissed.

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