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Judiciary

Seizure of Indian Currency u/s. 110 of Customs Act without issue of notice within prescribed time is untenable

December 25, 2025 591 Views 0 comment Print

Madras High Court held that seizure of Indian Currency under section 110 of the Customs Act, 1962 without issuance of show cause notice within stipulated time period as prescribed u/s. 110(2) is without authority of law. Accordingly, seizure memo is liable to be quashed.

Customs Penalty Quashed Due to Uncorroborated Co-Accused Statement: CESTAT Kolkata

December 25, 2025 351 Views 0 comment Print

The Tribunal set aside a ₹50 lakh customs penalty, holding that a co-accused’s statement, without independent corroboration, cannot justify penal action under the Customs Act.

No addition based on Unsigned Draft Agreement Found on Third Party’s Hard Disk Without Corroboration

December 25, 2025 732 Views 0 comment Print

The Tribunal ruled that an unsigned and undated draft agreement seized from a third party cannot justify an addition for unexplained investment without corroborative evidence.

ITC Set Aside for Paper Transactions, No Goods Movement & Returned Payments: Allahabad HC

December 25, 2025 567 Views 0 comment Print

HC found that ITC was allowed without addressing findings of paper transactions and returned payments. Matter was remanded for fresh consideration by Tribunal.

Provisional GST Attachment Invalid After Remand of Assessment: Delhi HC

December 25, 2025 504 Views 0 comment Print

The Court held that provisional attachment could not continue once the underlying tax demand was set aside and remanded for fresh adjudication, rendering the attachment unsustainable.

Ex-Parte GST Order Quashed as SCN Went Unnoticed & Order Passed Without Hearing

December 25, 2025 801 Views 0 comment Print

The Delhi High Court quashed an ex parte GST demand order and remanded the case after finding that no effective opportunity of reply or personal hearing was granted.

Section 115BBE Not Applicable to Business Receipts; Only Profit on Cash Deposits Taxable

December 25, 2025 690 Views 0 comment Print

The Tribunal held that cash deposits representing trading receipts cannot be taxed in full as unexplained income. Only the estimated profit portion was directed to be assessed.

Set-Off of Short-Term Capital Loss Cannot Be Denied When Allowed in Identical Cases: Bombay HC

December 25, 2025 453 Views 0 comment Print

The High Court held that the tax department cannot deny set-off of short-term capital loss when the same claim was accepted in factually identical connected cases. Consistency in tax treatment was upheld.

Directors’ Removal via DIR-12 Stayed for Lack of Authority & Mandatory Attachments

December 25, 2025 714 Views 0 comment Print

The court examined a challenge to a DIR-12 filing that removed multiple directors without consent and held that the form was prima facie defective, directing fresh consideration after hearing all parties.

Supplementary Drawback Claim Not Time-Barred When Cause Arose on Re-Valuation Date

December 25, 2025 321 Views 0 comment Print

CESTAT held that limitation under Rule 15 starts from communication of re-valuation, making the supplementary drawback claim filed within three months valid.

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