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Judiciary

No Separate Notification Needed for State Officers to Enforce IGST: Karnataka HC

December 21, 2025 540 Views 0 comment Print

The Court held that confiscation orders passed under GST laws are appealable under Section 107 and should not be challenged directly in writ jurisdiction. As an effective appellate remedy existed, the petition was not maintainable. The ruling reinforces the primacy of statutory remedies in GST disputes.

Section 234E Has No Teeth Without 200A: Pre-01-06-2015 TDS Late-Fee Quashed

December 21, 2025 870 Views 0 comment Print

The issue was whether late-fee under Section 234E could be levied while processing TDS returns before 01-06-2015. The Tribunal held that without Section 200A(1)(c), such levy was without authority of law.

Chennai ITAT Quashes Revision Section 263 for No Error in AO’s Assessment

December 21, 2025 564 Views 0 comment Print

Chennai ITAT set aside the PCIT’s revision order under Section 263, confirming that when the AO adopts a plausible view and conducts proper scrutiny, revision is unwarranted.

Faceless Assessment Quashed for Breach of SOP: Less Than 7 Days to Respond Vitiates Entire Proceedings

December 21, 2025 978 Views 0 comment Print

The Karnataka High Court invalidated a faceless assessment because the show-cause notice gave the assessee less than seven days to respond, violating mandatory SOP and principles of natural justice.

Reassessment Notices u/s 148 & 142(1) Quashed for Being Beyond Scope of Section 151A

December 20, 2025 414 Views 0 comment Print

The High Court held that reassessment proceedings initiated beyond the scope of Section 151A are void in law. All notices issued under Sections 148 and 142(1) were therefore set aside.

Section 144 Ex Parte Orders Invalid Without Fair Opportunity

December 20, 2025 402 Views 0 comment Print

The High Court held that an assessment completed without granting a real opportunity to respond cannot stand. Ex parte reassessment and penalty orders were therefore set aside.

Tax Assessment Set Aside for Ignoring Mandatory Legal Representative Requirement

December 20, 2025 210 Views 0 comment Print

The Court held that tax proceedings cannot continue without first determining who legally represents a deceased assessee. Orders passed without such determination were set aside.

Failure to Apply Sections 28(v) and 40(b) Invalidates Assessment Order

December 20, 2025 378 Views 0 comment Print

The issue was taxation of LLP partner’s remuneration without applying Sections 28(v) and 40(b). The High Court set aside the assessment for failure to consider the statutory scheme, remanding the matter for fresh decision.

Natural Justice Violated: Section 148A(d) Order Invalidated

December 20, 2025 264 Views 0 comment Print

Karnataka High Court quashed the Section 148A(d) order and Section 148 notice, allowing the assessee a fresh opportunity to submit documents and replies before reconsideration.

Section 148 Notice Invalidated for Genuine Non-Filing of Return

December 20, 2025 462 Views 0 comment Print

Karnataka High Court set aside reassessment and penalty orders where the assessee could not file returns due to inactive email, granting a fresh opportunity to submit documents and pleadings.

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