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Judiciary

Reassessment Quashed for Ignoring Binding Advance Pricing Agreement Without TPO Findings

December 22, 2025 528 Views 0 comment Print

The issue was whether the Assessing Officer could alter income despite a valid APA and modified return. The Court held that without an adverse TPO audit or APA cancellation, reassessment adjustments were without jurisdiction.

Reassessment Notice Held Valid Because SCN Period Is Excluded from Limitation: ITAT Mumbai

December 22, 2025 618 Views 0 comment Print

The dispute centered on whether a reassessment notice was time-barred and sanctioned by the correct authority. The Tribunal held that the reply period under section 148A must be excluded, bringing the notice within three years and validating the sanction.

Disposable Filter Tips Classifiable as Plastic Articles, Not Machine Parts: CAAR Delhi

December 22, 2025 288 Views 0 comment Print

The authority examined whether plastic filter tips used with automated instruments were machine parts and held they were disposable consumables, classifiable as articles of plastic under CTH 39269099.

Diagnostic Research Kits Classified as Chemical Compounds Due to Defined Nucleic Acid Nature

December 22, 2025 291 Views 0 comment Print

The authority held that molecular biology kits containing nucleic acids are chemically defined compounds classifiable under Chapter 29, rejecting classification as laboratory reagents under Chapter 38.

Customs Classification Confirmed for Lithium-Ion Cell Inputs Based on Manufacturing Use

December 22, 2025 471 Views 0 comment Print

The Authority ruled on correct tariff headings for key materials used in lithium-ion cell manufacturing. The decision brings clarity and certainty on customs classification.

Penalty u/s. 114 of Customs Act impermissible in absence of proof of mens rea

December 22, 2025 648 Views 0 comment Print

CESTAT Chennai held that penalty under section 114 of the Customs Act not sustained in absence of proof of mens rea since establishing mens-rea is also a prerequisite to attribute attempt. Accordingly, penalty imposed is deleted.

Blocking of electronic credit ledger u/r 86A impermissible as pre-decisional hearing and reasons not provided

December 22, 2025 345 Views 0 comment Print

Karnataka High Court held that order invoking Rule 86A of the Central Goods and Services Tax Rules and blocking of Electronic Credit ledger without granting pre-decisional hearing and passing of order without containing independent or cogent reasons is impermissible in law. Accordingly, order quashed.

Addition u/s. 68 based on certain statement not sustained as documentary evidence not considered

December 22, 2025 654 Views 0 comment Print

Madras High Court held that addition under section 68 of the Income Tax Act towards unexplained cash credit merely on the basis of certain statement without considering documentary evidence is not justifiable. Accordingly, writ of revenue is dismissed.

Non-filing of registration number of vehicle in Part-B in e-way bill is curable defect

December 22, 2025 606 Views 0 comment Print

Karnataka High Court held that non-filling of registration number in Part-B in e-way bill is curable defect and the same would not invalidate or render illegal the e-way bill. Accordingly, levy of penalty u/s. 129 of the KGST Act is not tenable in law.

GST Demand Set Aside for Violation of Natural Justice Due to No Personal Hearing

December 22, 2025 963 Views 0 comment Print

The Delhi High Court directed fresh adjudication after holding that denial of a reasonable opportunity to respond renders the GST demand unsustainable, while keeping the notification validity issue open.

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