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CESTAT Allows Cash Refund of CENVAT Credit (CVD/SAD) Paid Post-GST for Advance License Default, Citing Section 142 CGST Act

May 7, 2025 1416 Views 0 comment Print

CESTAT Mumbai rules Spacewood Furnishers eligible for cash refund of CVD/SAD/Cesses paid post-GST for Advance License default under Section 142 CGST Act.

ITC within period prescribed u/s. 16(5) of CGST Act is eligible even if barred by limitation u/s. 16(4)

May 7, 2025 972 Views 0 comment Print

Madras High Court held that Input Tax Credit (ITC) barred by limitation in terms of section 16(4) of the CGST Act but within period prescribed in terms of section 16(5) of CGST Act is eligible. Accordingly, order quashing ITC set aside.

Engineering and technical service fee includible in assessable value due to direct nexus with import of goods

May 7, 2025 633 Views 0 comment Print

Supreme Court held that engineering and technical service fee/ charges paid to local agent of foreign supplier constitute an integral condition of sale of imported goods and hence includible in the assessable value of imported goods.

Bail of accused involved in fraudulent passing on of GST ITC granted on ground of parity

May 7, 2025 780 Views 0 comment Print

Allahabad High Court held that bail granted to accused involved in passing on of fraudulent Input Tax Credit under GST considering the ground of parity, since regular bail granted to other co-accused involved in the matter.

Construction Inconvenience compensation is Capital Receipt: ITAT Mumbai

May 7, 2025 5244 Views 0 comment Print

Mumbai Income Tax Appellate Tribunal rules compensation to flat owner for construction nuisance is a non-taxable capital receipt, citing earlier precedents.

HC Shouldn’t Use Writ Powers in GST Cases with Appeal Remedy: SC

May 7, 2025 7572 Views 0 comment Print

Supreme Court rules Telangana High Court should not have used writ powers in a GST detention case when statutory appeal remedy was available under Section 107.

New claim cannot be entertained by AO without a revised return: SC

May 7, 2025 1752 Views 0 comment Print

Supreme Court rules tax assessing officers not required to entertain new deduction claims made via letter without a revised return.

GST Proceedings quashed due to inordinate & unexplained delay in concluding adjudication

May 7, 2025 3843 Views 0 comment Print

Delhi High Court held that the authorities are legally obligated to conclude the adjudication with due expedition, thus an inordinate and unexplained delay on behalf of the authorities would constitute sufficient grounds to quash the proceedings. Accordingly, petition allowed.

Reopening u/s. 147 based on invalid reasons recorded by AO cannot be sustained: ITAT Hyderabad

May 7, 2025 1056 Views 0 comment Print

ITAT Hyderabad held that reopening of assessment under section 147 of the Income Tax Act on the basis of invalid reasons recorded by AO cannot be sustained in law. Accordingly, notice issued u/s. 148 and final assessment order is quashed.

Addition u/s. 153A cannot be sustained without incriminating material found during search

May 7, 2025 1107 Views 0 comment Print

ITAT Delhi held that addition made under section 153A of the Income Tax Act are bad-in-law in absence of any incriminating material found during the course of search. Accordingly, assessment order quashed.

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