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Judiciary

Mechanical Rejection of ITC Claim for Alleged Non-Existent Supplier Quashed by Calcutta HC

December 17, 2025 1356 Views 0 comment Print

The High Court quashed GST orders where ITC was denied without verifying whether the supplier paid tax and filed returns. The matter was remanded for fresh factual adjudication.

Six Years of Reassessments Remanded for De-Novo Consideration

December 17, 2025 405 Views 0 comment Print

A 284-day delay in filing appeals was condoned after accepting explanations including medical issues and disruptions. The key takeaway is that relief was granted but balanced by imposing costs to deter repeated non-compliance.

NRI Cash Gift Addition Under Section 68 Remanded by ITAT Chennai

December 17, 2025 294 Views 0 comment Print

ITAT Chennai remanded a case involving Rs. 11.26 lakh cash gifts back to the CIT(A), allowing the NRI assessee another opportunity to substantiate the claim with supporting documents.

GST Refund Allowed as Services to foreign entities Qualify as Export, Not Intermediary Supply

December 17, 2025 1884 Views 0 comment Print

Bombay High Court held that services provided to foreign entities qualify as export of services and are not intermediary services, allowing GST refund subject to receipt of foreign currency.

GST Registration Can Be Restored After Filing Pending Returns: Gauhati HC

December 17, 2025 486 Views 0 comment Print

The Gauhati High Court held that cancellation for non-filing of returns can be reconsidered if all pending returns and dues are paid, directing authorities to consider restoration under Rule 22(4).

GST Registration Cancellation Can Be Reversed After Filing Pending Returns: Gauhati HC

December 17, 2025 771 Views 0 comment Print

Gauhati High Court held that cancellation for non-filing of returns is not final if the taxpayer files all pending returns and clears dues, directing authorities to consider restoration under Rule 22(4).

No Further Section 14A Disallowance After Reasoned Suo-Motu Adjustment

December 16, 2025 669 Views 0 comment Print

The ITAT held that where investments are fully backed by substantial own funds and a rational suo-motu disallowance is made, Rule 8D cannot be mechanically invoked. The Revenue’s attempt to make an additional disallowance was rejected.

ITAT Hyderabad quashes final TP assessment as time-barred despite DRP directions

December 16, 2025 777 Views 0 comment Print

The Tribunal held that limitation under Section 153 overrides the DRP timeline under Section 144C. As the assessment was completed beyond the statutory outer limit, it was quashed as invalid.

Delay in Filing Appeals Condoned Despite Massive Additions and Penalty

December 16, 2025 1098 Views 0 comment Print

While restoring the appeals, the ITAT directed expeditious disposal and warned against avoidable adjournments. The key takeaway is that condonation is granted to enable justice, not to prolong litigation.

Capital Gains Addition Set Aside for Denial of Fair Opportunity

December 16, 2025 576 Views 0 comment Print

The Tribunal held that an ex-parte capital gains addition could not be sustained where the assessee was denied a meaningful opportunity. Considering comparable treatment in a related case, the matter was remanded for fresh adjudication on merits.

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