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Judiciary

GST Appeal Rejection Over Limitation Set Aside for Lack of Upload Date Inquiry

December 8, 2025 402 Views 0 comment Print

The Court set aside the appellate order after finding no inquiry into when the March 2022 order was uploaded, directing the authority to verify the actual upload date. The ruling clarifies that limitation must be assessed based on proven upload timelines.

Discharge Denied Due to Prima Facie Evidence of Illegal Tender Cost Escalation

December 8, 2025 501 Views 0 comment Print

The High Court held that investigation material showed prima facie involvement in unlawful tender cost increases. The ruling emphasized that such allegations warrant a full trial, not discharge.

Repeated SLPs on already Settled Interconnect Issues Not Maintainable: SC

December 8, 2025 801 Views 0 comment Print

The Supreme Court dismissed the SLP filed by the Income Tax Department, condoning delay but emphasizing that repeated petitions on settled questions waste judicial resources.

Addition Deleted as Purchases Cannot Be Treated Bogus Without Rejecting Books

December 8, 2025 1056 Views 0 comment Print

The Tribunal held that purchases cannot be treated as bogus when books are accepted and payments are made through banking channels. The addition under section 69C was deleted due to lack of concrete evidence.

Anticipatory Bail Denied Due to Absconding & Serious Lottery Cybercrime Allegations

December 8, 2025 528 Views 0 comment Print

The Court rejected the anticipatory bail application as the applicant was absconding and implicated in a fraudulent lottery cybercrime. Bail was denied considering the nature of offences under IPC and IT Act.

Writ Dismissed Due to Unexplained Four-Year Delay in Challenging GST Demand

December 8, 2025 369 Views 0 comment Print

The court held that the challenge to the 2021 GST demand order was filed after an unjustified four-year delay. The petition was dismissed as barred by laches.

No Proof, No 100% Disallowance: Tribunal Cuts Commission & Rent Claims

December 8, 2025 294 Views 0 comment Print

The AO treated all commission and part of rent as bogus due to limited vouchers, no TDS, and identity gaps. The Tribunal found this approach inconsistent with the AO’s own initial proposal and disproportionate to the business realities of land-development. It concluded that only estimated disallowances of 20% commission and 50% rent were appropriate.

Penalty Not Automatic: ITAT Cancels 272A(2)(e) Fine Due to COVID and Communication Gaps

December 8, 2025 468 Views 0 comment Print

Tribunal held that delays caused by pandemic disruptions and internal management-auditor communication issues constitute reasonable cause under Section 274, deleting ₹2.42 lakh penalty.

Writ Dismissed for Bypassing Statutory Appeal Process in EPF Proceedings

December 8, 2025 654 Views 0 comment Print

The Court held that the petitioner challenged a 7A order without first using the statutory appeal under Section 7-I. The writ was dismissed as Article 226 cannot be invoked to circumvent prescribed remedies.

Export Duty to Follow Final Invoice and BRC, Not CRCL Moisture Report: CESTAT Hyderabad

December 8, 2025 642 Views 0 comment Print

The Tribunal held that export duty must be based on the final invoice and BRC, rejecting reliance on CRCL moisture results. The case was remanded for fresh computation of refund and interest.

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