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Judiciary

CESTAT Cannot Remand Case to Authority Other Than Original Adjudicating Authority

March 9, 2025 843 Views 0 comment Print

Mumbai CESTAT dismisses appeal seeking remand to different customs authority, citing jurisdictional limits under Section 129B of the Customs Act.

GST Order Set Aside Due to Lack of Personal Hearing & Natural Justice Violation

March 9, 2025 669 Views 0 comment Print

Madras High Court remands GST assessment due to belated show cause notice upload, orders fresh review after 20% tax deposit.

Calcutta HC allows rectification of ITC claims under amended Section 16(5)

March 9, 2025 1083 Views 0 comment Print

Calcutta High Court allows rectification of ITC claims under amended Section 16(5) of WSBGST/CGST Act, citing new cut-off dates for GSTR-3B filing.

Excess VAT Retention Violates Articles 14 & 265: Jharkhand HC Directs Refund

March 8, 2025 687 Views 0 comment Print

Jharkhand High Court directs tax authorities to refund excess tax retained after assessment reduction, ruling it violates Articles 14 and 265 of the Constitution.

Lack of proof of notice service cannot justify disqualification under SVLDR

March 8, 2025 528 Views 0 comment Print

Delhi High Court holds that lack of proof of notice service cannot justify disqualification under Sabka Vishwas Scheme, directing tax liability acceptance.

Input Services Require Direct Nexus with Manufacturing Activity for CENVAT Credit Eligibility

March 8, 2025 906 Views 0 comment Print

CESTAT Delhi rules against Leel Electricals Ltd., denying CENVAT Credit on ineligible invoices. The tribunal upholds tax demand and penalty.

GST appellate authority cannot reject appeal without considering condonation request

March 8, 2025 918 Views 0 comment Print

Calcutta High Court sets aside GST appeal dismissal due to delay, citing procedural lapses and judicial precedents. Read key case details and ruling summary.

Orissa HC Quashes GST adjudication Order for Ignoring Assessee’s Reply

March 8, 2025 585 Views 0 comment Print

Orissa High Court sets aside a GST adjudication order, citing non-consideration of the assessee’s reply. The case is remanded for a fresh hearing.

Entire Bank Transactions Cannot Be Treated as Turnover for Section 271B Penalty

March 8, 2025 4608 Views 0 comment Print

ITAT Surat remands penalty case under Section 271B to AO, ruling that bank transactions alone cannot determine turnover. Fresh consideration ordered.

AO can determine tax liabilities even during insolvency proceedings: ITAT Mumbai

March 8, 2025 606 Views 0 comment Print

ITAT Mumbai restores MITC Metals case for fresh adjudication, ruling that assessment order was not void ab-initio despite ongoing corporate insolvency proceedings.

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