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Judiciary

Patna HC allows Bail Despite Large Liquor Recovery Due to Lack of Direct Possession

December 18, 2025 555 Views 0 comment Print

The High Court granted provisional anticipatory bail where the accused was not apprehended at the scene and no liquor was recovered from his possession.

Customs Penalty Reduced as Restricted Imports Treated as Prohibited Without Licence

December 18, 2025 837 Views 0 comment Print

CESTAT held that restricted goods fall within the scope of prohibition when import conditions are not met. While confiscation was sustained, the penalty was reduced as no malafide intent was found.

Mechanical 25% Pre-Deposit Order Set Aside for Ignoring Prima Facie Case Under EPF Act

December 18, 2025 324 Views 0 comment Print

The issue was whether the EPF appellate tribunal could mechanically order pre-deposit. The High Court held that failure to consider prima facie case, balance of convenience, and irreparable injury renders such an order unsustainable.

Seized Gold Ordered to Be Released Due for Customs Failure to Issue SCN: Delhi HC

December 18, 2025 561 Views 0 comment Print

The issue was prolonged detention of undeclared gold without a statutory notice. The Court held that failure to issue a show cause notice within the prescribed time mandates release of the seized goods.

GST Order Set Aside for Lack of Proper Hearing; Proceedings Restored: Delhi HC

December 18, 2025 678 Views 0 comment Print

Delhi High Court quashed a GST adjudication order passed ex parte, holding that taxpayer was not given a proper opportunity to reply or be heard, and remanded matter for fresh adjudication.

Refusal to Condone 13 day COVID Delay in Return Quashed for Non-Application of Mind

December 18, 2025 555 Views 0 comment Print

The High Court set aside an order rejecting condonation of a 13-day delay in filing a return during the COVID period. It held that pandemic-related constraints constituted genuine hardship and required proper consideration. The matter was remanded for fresh decision.

Section 144 Assessment Quashed for Failure to Issue Mandatory Section 143(2) Notice

December 18, 2025 1233 Views 0 comment Print

The tribunal examined whether an assessment under section 144 could survive without issuance of a notice under section 143(2). It held that non-issuance of the mandatory notice rendered the assessment void ab initio.

CSR Donations Eligible for Section 80G Deduction Despite Section 37 Disallowance: ITAT Pune

December 18, 2025 1407 Views 0 comment Print

The Tribunal held that denial of CSR expenditure under Section 37 does not bar deduction under Section 80G. It ruled that eligible donations forming part of CSR must be examined under Chapter VI-A independently. The key takeaway is that CSR-linked donations can still qualify for tax relief if statutory conditions are met.

Market Opinion Alone Insufficient to Prove Betel Nut Smuggling: CESTAT Allahabad

December 18, 2025 534 Views 0 comment Print

CESTAT held that goods cannot be confiscated without concrete evidence of illegal import. Local market opinion alone was found insufficient to establish smuggling of non-notified goods.

HC Grants Bail in Alleged Fake ITC Case of ₹23,27 Cr Due to Prolonged Custody

December 18, 2025 348 Views 0 comment Print

The High Court considered whether continued custody was justified in a GST offence case after filing of the complaint. It granted bail noting prolonged detention and the likelihood of delay in trial.

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