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Judiciary

Invoice Cancellation Alone Insufficient to Avoid GST Liability: Madras HC

December 1, 2025 582 Views 0 comment Print

The court addressed a GST recovery notice where the petitioner claimed no liability as invoices were unpaid. The case was remitted for fresh consideration with evidence submission.

Section 13(1)(b) Cannot Be Applied at Trust Registration Stage: ITAT Ahmedabad

December 1, 2025 459 Views 0 comment Print

ITAT set aside CIT(E) orders denying 12AB registration, holding that section 13(1)(b) cannot be invoked at registration stage; charitable intent and activities must be examined independently.

GST Demand Quashed for Exceeding SCN Amount Under Section 75(7): Allahabad HC

December 1, 2025 1098 Views 0 comment Print

The Court set aside the GST demand after finding that the final order sought an amount higher than what was specified in the show-cause notice. The case was remanded for fresh proceedings with an opportunity to respond.

Leasehold Assignment of immovable property Not a Taxable under GST: Gujarat HC

December 1, 2025 1134 Views 0 comment Print

The Court struck down a GST demand by holding that assignment of long-term leasehold rights amounts to transfer of immovable property, not a taxable supply. The ruling reaffirms that such assignments fall outside Section 7 of the GST Act.

Inordinate Delay in Satisfaction Note Invalidates Section 153C Notice: Gujarat HC

December 1, 2025 570 Views 0 comment Print

The Gujarat High Court quashed a Section 153C notice due to a 22-month delay in recording the satisfaction note, ruling it violated Supreme Court guidelines for immediate post-assessment action.

ITAT Orders Reconsideration of 80G Denial After 12AB Approval

December 1, 2025 411 Views 0 comment Print

The ITAT held that rejection of Section 80G registration without specific reasons is unsustainable and directed a fresh, reasoned consideration by the CIT(E).

100% Bogus Purchase Addition Restored by SC as Partial Disallowance Found Contrary to Section 69C

December 1, 2025 1890 Views 0 comment Print

The Court held that the assessee failed to prove ₹20.06 crore in purchases and restored the AO’s 100% addition. It ruled that partial estimation was unjustified and Section 69C required full disallowance.

Circular 172/04/2022-GST dated 06.07.2022 inapplicable as petitioner is not deemed exporter

December 1, 2025 1074 Views 0 comment Print

Gujarat High Court held that petitioner being 100% EOU of zero-rated supply without payment of tax is entitled for refund of unutilized ITC. Since petitioner is not deemed exporter para no.2.2 of clarificatory Circular No.172/04/2022-GST dated 06.07.2022 would not be applicable.

Change of Opinion Not 263: PCIT’s Roving Enquiry Direction Held Illegal

December 1, 2025 426 Views 0 comment Print

The ITAT Ahmedabad quashed PCIT’s revisionary orders, holding that Section 263 powers cannot be used when the AO has made thorough enquiries. Revision requires demonstrable error prejudicial to revenue, not mere differences of opinion.

GST SCN based on seized documents passed on by IT department cannot be baseless

December 1, 2025 1515 Views 0 comment Print

Delhi High Court held that GST SCN based on documents, statements, evidence seized passed on by Income Tax Department cannot be held to be baseless and vague. High Court warns GST Department and other departments to be careful while citing judicial precedents specifically if the same has been produced or accessed through Artificial Intelligence [AI] software.

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