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Judiciary

SC rejects Show Cause Notice Challenge Due to Premature Intervention

November 24, 2025 528 Views 0 comment Print

The Court held that a challenge to a show cause notice was premature, as no final decision had been taken. It ruled that authorities may issue a fresh notice even after a prior blacklisting order is quashed.

Working men/women’s hostels were residential properties & couldn’t be taxed at commercial rates

November 24, 2025 777 Views 0 comment Print

Hostel properties used as residences by inmates could not be treated as commercial properties. The levy of property tax, water tax, water charges and electricity charges under commercial tariff was unsustainable.

Second provisional attachment order under GST quashed as passed after expiry of first order

November 24, 2025 393 Views 0 comment Print

Karnataka High Court held that issuance of second provisional attachment order under section 83(1) of the Goods and Services Tax Act passed on the next day after expiry of maximum statutory period of one year is illegal, arbitrary and without jurisdiction. Accordingly, provisional attachment order quashed.

Steam coal imports from Indonesia is not overvalued: Appeal of department dismissed

November 24, 2025 456 Views 0 comment Print

CESTAT Mumbai held that consignment of steam coal imports from Indonesia is not overvalued and the scheme of valuation does not stand in support of the manner in which the value has been sought to be substituted in the notice. Accordingly, present appeals are dismissed.

Payments at time of search cannot be construed as voluntary u/s. 74(5) of CGST Act

November 24, 2025 867 Views 0 comment Print

Karnataka High Court held that payments made at the time of search cannot be construed as voluntary under section 74(5) of the Central Goods and Services Tax Act. Therefore, the petitioner is entitled for refund of the payments made in form DRC-03.

Bogus Purchase Addition Remanded as CIT(A) Ignored Books and Evidence

November 24, 2025 219 Views 0 comment Print

The Tribunal held that the CIT(A) erred by relying solely on an investigation report without examining books and invoices, and therefore sent the matter back for fresh consideration.

Audit assessment under Odisha VAT Act quashed as based on time-barred Audit Visit Report

November 24, 2025 525 Views 0 comment Print

Orissa High Court held that submission of Audit Visit Report beyond the prescribed time limit invalidates the entire audit assessment under Odisha Value Added Tax Act, 2004 [Odisha VAT Act]. Since notice is invalid, the Assessment Order, therefore, is insupportable.

80JJAA Deduction Allowed in Later 154 Order; Earlier Appeal Becomes Infructuous

November 24, 2025 588 Views 0 comment Print

The Tribunal held that once CPC allowed the 80JJAA deduction through a subsequent Section 154 order, the earlier rectification appeal no longer survived. The appeal was dismissed as academic, with a clarification that no extra deduction beyond what CPC allowed could be granted.

Penalty u/s 271(1)(c) Cannot Survive When Quantum Itself Is Remanded

November 24, 2025 1167 Views 0 comment Print

 ITAT held that penalty under Section 271(1)(c) cannot survive when the underlying addition is remanded, directing the AO to re-decide the penalty after the quantum order is finalized.

CIRP Ordered After Repeated Defaults on Short-Term Loan Above Threshold

November 24, 2025 576 Views 0 comment Print

NCLT admitted a Section 7 IBC petition after the borrower defaulted on a ₹13.5 crore loan and failed to appear despite multiple notices. The Tribunal held that debt and default were clearly established.

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