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Judiciary

Delhi HC Allows Appeal Without Pre-Deposit due to Overlapping GST Demands

November 27, 2025 1035 Views 0 comment Print

The Court addressed whether a second CGST demand could stand when the DGST had already raised a similar demand for the same period. It held that the petitioner may appeal the CGST order without additional pre-deposit because the earlier deposit covered the same amount.

ITAT Remands Inventory Write-Off Dispute Due to Non-Consideration of Evidence

November 27, 2025 471 Views 0 comment Print

The Tribunal held that the appellate authority failed to examine inventory-related documents before sustaining disallowance under section 37(1). The matter was sent back for fresh adjudication with directions to consider all evidence.

Income Tax Assessment Set Aside for Violating Seven-Day Notice Requirement

November 27, 2025 1047 Views 0 comment Print

The Court held that the show cause notice provided less than seven days to respond, contrary to the prescribed procedure. The assessment and related notices were set aside and the matter remanded for reconsideration.

Kerala HC Stays Recovery Pending Stay Petition in Income Tax Penalty Case

November 27, 2025 450 Views 0 comment Print

The Kerala High Court ordered abeyance of recovery proceedings under a penalty order while the stay petition is considered, ensuring no enforcement until a decision is made.

Writ Not Maintainable Since SARFAESI Provides Complete Appeal Mechanism

November 27, 2025 483 Views 0 comment Print

The High Court refused to entertain the challenge to a sale notice, holding that the petitioner must pursue the statutory remedy under Section 17 of the SARFAESI Act. The ruling reiterates that writ jurisdiction cannot be invoked when an effective alternative remedy exists.

Retrospective GST Registration Cancellation Set Aside for Lack of SCN

November 27, 2025 546 Views 0 comment Print

The Delhi High Court invalidated the retrospective cancellation of GST registration where the show cause notice did not contemplate retrospective action, ensuring a fresh hearing after re-inspection.

Anticipatory Bail Granted to Agent as FIR Shows Allegation Only Against Firm Proprietor

November 27, 2025 258 Views 0 comment Print

The Court noted that the GST-related allegation concerned only the firm’s proprietor, while the petitioners were merely agents. Anticipatory bail was granted with directions to surrender and comply with statutory conditions.

Writ Petition Challenging Loan Recovery Rejected for Availability of SARFAESI Remedy

November 27, 2025 375 Views 0 comment Print

The Court dismissed the petition after holding that statutory remedies under Section 17 of the SARFAESI Act must be exhausted first. It allowed the petitioners to approach the DRT for their grievances.

Unexplained cash credits addition u/s. 68 sustained as identity and creditworthiness not proved

November 27, 2025 390 Views 0 comment Print

ITAT Visakhapatnam held that addition towards unexplained cash credits under section 68 of the Income Tax Act upheld since assessee company failed to substantiate identity and creditworthiness of lender.

Reassessment Quashed: JAO Cannot Issue Section 148 Notice After Faceless Regime

November 27, 2025 1092 Views 0 comment Print

The High Court held that reassessment notices issued by the jurisdictional officer after the faceless regime came into force were without authority. All related proceedings were quashed, and the ITAT appeal was directed to be closed as infructuous.

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