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Judiciary

Limitation under rule 68B did not apply to RDDB act proceedings

October 28, 2025 837 Views 0 comment Print

Limitation under Rule 68B of the second schedule to the Income Tax Act did not apply to RDDB Act (Recovery of Debts Due to Banks and Financial Institutions Act, 1993) proceedings as Rule 68B of the IT Act had no mandatory application to recoveries under the RDDB Act

Reopening Beyond Four Years Invalid as Non-Filing of Form 3CL Not Material Non-Disclosure

October 28, 2025 255 Views 0 comment Print

Form 3CL was not a determinative document for claiming deduction, and non-production of the same did not amount to wilful non-disclosure or suppression of material facts under Explanation 1 to Section 147.

DGFT Cannot Reclassify Goods—Only Centre Has Power Under Customs Tariff Act: Bombay HC

October 28, 2025 1167 Views 0 comment Print

Bombay HC stayed DGFT’s notification changing tariff heading of roasted areca nuts, holding that only Central Government can amend customs classifications under Section 11A.

Guwahati HC Grants Bail in Rs. 199 Cr Fake ITC Fraud Case

October 28, 2025 1149 Views 0 comment Print

The Guwahati HC granted anticipatory bail to a man accused in a Rs. 199.31 Cr fake ITC conspiracy, ruling that custodial interrogation was unnecessary as the main accused was already out on default bail.

Refund Barred by Limitation When Bill Not Provisionally Assessed: CESTAT Mumbai

October 28, 2025 420 Views 0 comment Print

CESTAT Mumbai held that refund claims under Section 27 cannot invoke extended limitation if the bill of entry was assessed under Section 17 and not provisionally under Section 18 of the Customs Act.

Unregistered Partnership Firm Can File Writ Petition to Enforce Statutory Rights under GST

October 28, 2025 1776 Views 0 comment Print

Delhi HC rules that Section 69(2) of the Partnership Act does not bar an unregistered firm from filing a writ petition to enforce statutory rights, upholding the maintainability of a GST challenge.

Delhi HC Directs GST Officers to Return or Share Data from Seized Phones & Laptops

October 28, 2025 972 Views 0 comment Print

Ordering compliance with Section 67(3) and (5) of CGST Act, Court held that seized devices must either be returned if not relied upon, or data copies must be furnished to taxpayer in presence of officials.

MP HC Dismisses Repeat GST Writ Petition; Imposes ₹2 Lakh Cost for Abuse of Process

October 28, 2025 795 Views 0 comment Print

MP HC dismissed a second writ petition filed by a cigarette manufacturer seeking documents already covered by earlier court orders, holding it was an abuse of process to stall GST adjudication and imposed ₹2 lakh as costs.

Delhi HC Mandates Strict MIP Enforcement on Soda Ash Imports

October 27, 2025 651 Views 0 comment Print

Delhi HC directs Customs and CBIC to strictly implement the DGFT’s Minimum Import Price (MIP) of Rs. 20,108/- per MT on Soda Ash imports to protect domestic industries.

GST Seizure under Section 130 Invalid When Demand Lies Under 73/74: Allahabad HC

October 27, 2025 873 Views 0 comment Print

The Allahabad HC quashed GST confiscation orders for excess stock, ruling that authorities must proceed via regular assessment (Sec 73/74), not severe confiscation.

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