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Judiciary

Bail Granted Amid Allegations of Paper Transactions & Fake ITC Claims

November 30, 2025 774 Views 0 comment Print

Punjab and Haryana High Court granted bail to a petitioner accused of availing ineligible GST Input Tax Credit worth Rs. 6.09 crore. The court cited completed investigation, documentary evidence, and absence of custodial interrogation as grounds for bail.

Delay Condoned as GST Order Was Uploaded in Incorrect Portal Tab: Calcutta HC

November 30, 2025 888 Views 0 comment Print

The Court held that it was unreasonable to expect taxpayers to locate orders under the “Additional Notices and Orders” tab and directed the delayed appeal to be heard on merits. The key takeaway is that delay caused by such portal-related issues must be condoned.

Calcutta HC Directs Fresh Consideration of Deferred GST ITC Claims U/s. 16(5)

November 30, 2025 1836 Views 0 comment Print

The High Court directed the Appellate Authority to reconsider ITC claims for FY 2017-18 to 2020-21 under Section 16(5), emphasizing compliance with the October 8, 2024 notification.

Demand Remanded Due to Computational Errors in GST Assessment

November 30, 2025 429 Views 0 comment Print

The Court found prima facie computational mistakes in the demand relating to E-way bill and GSTR-1 differences and remanded the matter for fresh consideration after a 10% pre-deposit.

Ex-Parte Assessment Remanded for Fresh Hearing Citing Unnoticed GST Emails

November 30, 2025 393 Views 0 comment Print

Court set aside an ex-parte GST demand after accepting that business closure caused non-response to notices. The matter was remitted for fresh consideration with an opportunity to reply.

Delhi HC rejects Writ Petition Due to Fraudulent ITC Allegations

November 30, 2025 423 Views 0 comment Print

The Court declined to exercise writ jurisdiction in a case involving alleged fraudulent ITC, directing the petitioner to pursue the statutory appeal. The ruling reinforces that complex factual disputes must be addressed before the appellate authority.

Wrong Invocation of Section 74? Madras HC Sends GST Case Back for Fresh Look as Tax Paid

November 30, 2025 912 Views 0 comment Print

Court sent the matter back to verify whether Section 73, not Section 74, should have been invoked, as the petitioner accepted tax liability but disputed penalty and extended limitation.

Section 263 Action Invalid Due to Adequate Inquiry by Assessing Officer

November 30, 2025 525 Views 0 comment Print

The Tribunal held that the revision was invalid because the assessment caused no loss to Revenue, as agricultural income was exempt and the Assessing Officer had made adequate inquiries. The order under section 263 was therefore set aside.

Partial Doubt on Trading Losses Does Not Justify Rejection of Books: ITAT Delhi

November 30, 2025 297 Views 0 comment Print

ITAT Delhi held that partial doubts in trading segment losses cannot lead to total rejection of books under Section 145. The ruling confirms that documented losses supported by evidence must be considered.

GST SCN Not Informed by Accountant—Delhi HC Orders Fresh Hearing

November 30, 2025 360 Views 0 comment Print

Delhi High Court quashed an ex-parte order after a taxpayer’s accountant failed to inform them of a show cause notice, remanding the matter for fresh adjudication with an opportunity to be heard.

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