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Judiciary

Writ Maintainable for Limitation & Jurisdiction Errors in Section 148A(d) Orders: Sikkim HC

November 19, 2025 903 Views 0 comment Print

High Court ruled that a writ challenging an order under Section 148A(d) is maintainable even when statutory appeals are available, emphasizing jurisdictional and legal issues.

ITC Fraud Disputes Must Go to Appellate Forum, Not Writ Court: Delhi HC

November 19, 2025 525 Views 0 comment Print

Delhi High Court declined to entertain a writ petition challenging ITC demands, emphasizing appeals are the proper forum for complex fraud-related GST cases.

Madras HC Upholds SC’s Limitation Extension for GST Proceedings, Dismisses Appeal

November 19, 2025 921 Views 0 comment Print

Court held that Covid-19 exclusion period applies to all judicial and quasi-judicial proceedings. It confirmed that limitation under Sections 73 and 74 remains extended based on Supreme Court’s directions.

Confusing SCN Dates Deny Effective Hearing; HC Quashes Order

November 19, 2025 1563 Views 0 comment Print

The Court ruled that an effective hearing is mandatory under Section 73 of the WBGST Act. The impugned order was quashed, allowing the petitioner to file a reply and contest the tax determination.

Section 87A Rebate Applicable on capital gains taxed at special rates: ITAT Chennai

November 19, 2025 11628 Views 0 comment Print

ITAT Chennai holds that Section 87A rebate is available even when total income includes capital gains taxed at special rates, reversing CIT(A)’s denial.

GST Registration Can Be Restored Upon Filing Pending Returns and Clearing Dues: Gauhati HC

November 19, 2025 843 Views 0 comment Print

The court held that a taxpayer whose GST registration was cancelled for not filing returns for six months can seek restoration by submitting pending returns and paying dues within the prescribed rules.

VAT input credit shown only in the balance sheet cannot be taxed as income: ITAT Mumbai

November 19, 2025 384 Views 0 comment Print

The Tribunal held that VAT input credit shown only in the balance sheet cannot be taxed as income. It upheld deletion of VAT, commission, and notional interest additions, dismissing the revenue’s appeal.

Section 271(1)(c) Penalty Invalid Where Income is Determined on Presumptive Basis: ITAT Mumbai

November 19, 2025 615 Views 0 comment Print

The Tribunal found that the addition was inferential and lacked corroborative evidence of concealment. It concluded that penalty under section 271(1)(c) could not be sustained.

Protest deposit must be considered toward statutory 10% pre-deposit for GST Appeal

November 19, 2025 1146 Views 0 comment Print

The High Court ruled that a protest deposit must be considered toward the statutory 10% pre-deposit. The dismissal of the appeal for non-compliance was set aside.

Only 30% Disallowance Permissible Under Amended Section 40(a)(ia) for non deduction of TDS

November 19, 2025 2103 Views 0 comment Print

Tribunal held that interest disallowance for non-deduction of TDS must be restricted to 30% under amended provisions. It also remanded issue of estimated interest on interest-free advances for verification.

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