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Excess Stock from Survey Taxable as Business Income, Section 115BBE Inapplicable

December 25, 2025 1047 Views 0 comment Print

The Tribunal held that excess stock found during survey, when arising from regular business activity and disclosed in accounts, cannot be taxed as unexplained investment under Section 69B.

Erroneous TDS Paid Due to Ignorance of Earlier Deduction Cannot Be denied: Karnataka HC

December 25, 2025 330 Views 0 comment Print

The court held that delay in seeking a TDS refund could be condoned where tax was deducted due to an error, and directed authorities to examine the refund claim on merits.

Custom Writ Dismissed for Bypassing Statutory Appeal Without Exceptional Grounds

December 25, 2025 366 Views 0 comment Print

The Bombay High Court held that vague allegations of natural justice violations cannot justify skipping the appellate remedy under the Customs Act.

GST Registration Cancellation Reversible on Clearing Pending Returns & Dues: Gauhati HC

December 25, 2025 516 Views 0 comment Print

The issue was whether expiry of the revocation timeline bars restoration of GST registration. The Court ruled that authorities can restore registration when pending returns and full tax liabilities are cleared as per Rule 22.

Penalty Quashed for Lack of Knowledge in Misuse of Signed Export Documents

December 25, 2025 402 Views 0 comment Print

CESTAT Chennai held that penalties cannot be imposed when there is no evidence that the CHA manager knowingly aided mis-declaration or ineligible drawback claims.

Presumption Alone Cannot Justify Seizure of Indian-Origin Goods as Illegal Export

December 25, 2025 393 Views 0 comment Print

The Tribunal held that seizure based only on presumption and driver statements was invalid. Authorities failed to prove attempted export through non-specified routes.

ITC Denial Under Assam State Reimbursement Scheme Stayed for Constitutional Conflict

December 25, 2025 294 Views 0 comment Print

The High Court found prima facie merit in the challenge to a state reimbursement clause restricting ITC. Show cause notices seeking reversal of ITC were stayed pending further hearing.

Differential Customs Duty Quashed as Valuation Must Be at Import Stage: CESTAT Chennai

December 25, 2025 606 Views 0 comment Print

The issue was whether higher remittances made later could alter the transaction value declared at import. The Tribunal held that customs duty must be determined at the time of import, rendering the differential demand unsustainable.

Madras HC: Retrospective Withdrawal of VAT Benefits Rejected for Being Ultra Vires

December 25, 2025 657 Views 0 comment Print

The court clarified that exemption notifications must be applied as issued and cannot be altered by importing supposed intent. Any attempt to add or curtail benefits retrospectively was held to be beyond legislative delegation.

Closing Stock Revalued Without Adjusting Opening Stock Held Unsustainable

December 25, 2025 579 Views 0 comment Print

The Tribunal held that when closing stock is revalued under Section 145A to include tax components, opening stock must also be revalued on the same basis. The case was remanded to ensure consistent valuation and accurate profit computation.

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