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Judiciary

Customs Reassessment Quashed as CESTAT Finds Reclassification Ultra Vires Notification & Beyond Jurisdiction

November 19, 2025 450 Views 0 comment Print

The CESTAT Mumbai allowed an appeal against customs duty reassessment, holding that reclassification of copper busbars for EOU imports exceeded authorities’ jurisdiction and violated notification provisions.

Intent to evade Service Tax on Property Renting cannot be attributed to a government authority

November 19, 2025 462 Views 0 comment Print

The Tribunal held that the extended period could not be invoked because the Department was already aware of the appellant’s activities. Service tax was upheld only for the normal period, and the matter was remanded for recalculation.

J&K HC Orders GST Registration Restoration Subject to Filing Returns & Paying Dues

November 19, 2025 570 Views 0 comment Print

HC held that delayed appeals need not prevent GST Registration restoration when taxpayer undertakes to file returns and pay outstanding dues. Restoration was directed subject to completing statutory formalities.

1,370-Day Delay Not Condoned; Reliance on Consultant Not Sufficient Cause: ITAT Mumbai

November 19, 2025 603 Views 0 comment Print

ITAT Mumbai dismissed a tax appeal due to a 1,370-day delay, ruling that reliance on a tax consultant’s advice does not constitute sufficient cause for condonation. Case underscores strict adherence to limitation rules in tax proceedings.

Section 148 Notice Invalid in International Tax Cases if Issued by JAO Instead of FAO: Bombay HC

November 19, 2025 1017 Views 0 comment Print

The Court held that a Section 148 notice issued by the Jurisdictional Assessing Officer instead of the Faceless Assessing Officer was invalid. It ruled that mandatory faceless procedures apply even in international taxation matters.

COVID-19 Extension Cannot Bar GST Assessment, HC Remands with 50% Deposit

November 19, 2025 660 Views 0 comment Print

Madras High Court rejected petitioner’s limitation plea despite COVID-19 extensions and remanded case for fresh adjudication, subject to 50% pre-deposit of disputed GST.

Section 263 Not Invocable When AO Takes a Plausible View After Inquiry: ITAT Mumbai

November 19, 2025 567 Views 0 comment Print

The ITAT Mumbai held that Section 263 cannot be invoked when the Assessing Officer has taken a permissible view after inquiry. Revision order quashed, upholding reassessment.

No Reply Filed Due to Accountant’s Lapse: HC Remands GST Case for Fresh Hearing

November 19, 2025 606 Views 0 comment Print

Delhi High Court remands SCNs issued to a taxpayer for fresh adjudication, citing violation of natural justice. The petitioner is granted time to file replies and attend a personal hearing.

Madras HC Quashes GST Rectification Rejection for Denial of Hearing; Matter Remanded with 25% Deposit

November 19, 2025 840 Views 0 comment Print

HC set aside a rectification rejection after finding that authority failed to provide a personal hearing. Matter was remanded for fresh consideration subject to a 25% tax deposit.

Reassessment Based on Third-Party Data Without Nexus is Invalid: Gujarat HC

November 19, 2025 774 Views 0 comment Print

Gujarat High Court rules that reopening assessments using information from third parties without direct evidence linking the taxpayer is invalid, quashing Section 148 notices.

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