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Judiciary

Section 130 GST Confiscation Cannot Be Based Solely on Section 35 Record-Keeping Violations

November 30, 2025 480 Views 0 comment Print

The High Court held that a confiscation notice issued under Section 130 could not be based solely on record-keeping violations under Section 35. The ruling confirms that tax liability must be determined first under Sections 73 or 74.

CST Penalty Deleted Because Tyres Count as Spare Parts: Allahabad HC

November 30, 2025 312 Views 0 comment Print

The Court ruled that tyres and tubes were part of the registered spare-parts list, validating the Tribunal’s decision to cancel the CST penalty. The judgment reinforces strict scrutiny before sustaining misrepresentation penalties.

Insolvency Plea Rejected for Failure to Prove Mandatory Notice Service

November 30, 2025 324 Views 0 comment Print

The tribunal dismissed the Section 9 application because the applicant failed to establish valid service of the Section 8 notice. The ruling stresses that insolvency proceedings cannot commence without strict compliance with notice requirements.

DRAT Upholds SARFAESI Possession Notice Against Loan Guarantor

November 30, 2025 411 Views 0 comment Print

The Tribunal confirmed the dismissal of an SA challenging symbolic possession under SARFAESI. Notices were sent to the guarantor, borrower, and spouse, with proper affixture and newspaper publication. The case emphasizes the importance of timely communication and procedural compliance in recovery proceedings.

Allahabad HC Directs Expeditious Action on Plea Alleging Fraudulent Brick Kiln Operation

November 30, 2025 393 Views 0 comment Print

The Court directed the Pollution Control Board to decide the petitioner’s application within six weeks after noting the pending recommendation. The ruling ensures timely action without addressing merits.

Counsel’s Lapse No Excuse for Petitioner’s Delay if Appellant not diligent: Kerala HC

November 30, 2025 339 Views 0 comment Print

Court held that appeal against a confiscation order was time-barred and refused to condone delay. It ruled that lack of diligence after receiving demand notice barred intervention under Article 226.

Allahabad HC Quashed Order Due to Denial of Personal Hearing in GST Case

November 30, 2025 543 Views 0 comment Print

The court quashed a GST assessment order after the authority failed to provide a personal hearing, directing a reasoned order in line with natural justice principles.

Allahabad HC Confirms 14% VAT on Cotton-Filled Rajai Under Schedule II-A

November 30, 2025 228 Views 0 comment Print

The Court held that cotton-filled khadi rajai falls under the taxable category at 14%, rejecting claims of exemption. The ruling confirms that exemption applies only to unfilled items.

Madras HC set-aside GST Order as Hearing Not Granted Despite Reply

November 30, 2025 420 Views 0 comment Print

The Court held that the petitioner was not granted a personal hearing before the GST order was issued. The matter was remitted, subject to full tax deposit.

Kerala HC Orders Conditional Bail in Thailand-Linked Ganja Parcel Case

November 30, 2025 297 Views 0 comment Print

The Court granted bail after noting that the investigation was almost complete and the accused had no prior criminal record. The ruling imposes strict conditions to ensure cooperation.

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