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Judiciary

GST Penalty Appeal allowed Despite Delay with Partial Pre-Deposit: Madras HC

November 27, 2025 681 Views 0 comment Print

Madras High Court permits a delayed appeal against GST penalty order, provided 25% of disputed tax and interest on belated payment are deposited, emphasizing conditional relief.

Ex-Parte GST Order Set Aside Due to Lack of Opportunity for Reply and Hearing

November 27, 2025 699 Views 0 comment Print

 The Court remanded the matter after finding that the taxpayer had not filed a reply or received a proper hearing before the order was passed. The adjudicating authority must reconsider the case after granting full opportunity.

Madras HC directs New PAN After CIBIL Damage from Duplicate PAN

November 27, 2025 867 Views 0 comment Print

The Court directed issuance of a new PAN after a duplicate allotment caused the petitioner’s financial record to be linked to another person’s loan defaults.

Attachment of property to be lifted as entire arrears already paid as per ITAT’s order

November 27, 2025 531 Views 0 comment Print

Madras High Court held that order of attachment of immovable property is required to be lifted as recovery officer is bound to give effect to order of higher authority. Accordingly, since entire arrears is already paid as per order passed by ITAT.

Penalty Sustained Because Tax Paid Without Return Doesn’t Disclose Income Details

November 27, 2025 555 Views 0 comment Print

The Tribunal held that failure to file a return under section 139 or within the 148-notice deadline triggers Explanation 3, deeming concealment regardless of later tax payment. Penalty under section 271(1)(c) was sustained.

ITC was allowed on Insurance for Stock and Premises as sec.17(5) was limited to Motor Vehicles

November 27, 2025 1458 Views 0 comment Print

Input Tax Credit (ITC) availed on insurance premiums for stock, plant & machinery, and business premises (under a Standard Fire and Special Perils Policy) could not be denied by treating it as “motor vehicle insurance

Reassessment Beyond 3 Years Quashed Due to Wrong Sanctioning Authority

November 27, 2025 675 Views 0 comment Print

The Tribunal held that a reopening made after three years is void when approval is granted by the PCIT instead of the PCCIT/CCIT. The entire reassessment and related disallowance were struck down.

Accrued Interest claim beyond NCLT Orders was unsustainable

November 27, 2025 282 Views 0 comment Print

Since JIL had already received the entire principal amount determined as its entitlement, and neither the interim nor the final orders of this Tribunal conferred any right to claim interest for the period preceding actual disbursement

Section 2(22)(e) Addition Deleted for Bank Loan Secured by Personal Guarantee

November 27, 2025 381 Views 0 comment Print

The Tribunal held that advances originating from bank cash-credit facilities secured by the shareholder’s personal assets are commercial transactions, not deemed dividend. The addition under section 2(22)(e) was therefore removed.

E-Way Bill Lapse Not Justifies Higher Section 129(1)(b) Penalty: Allahabad HC

November 27, 2025 468 Views 0 comment Print

High Court sets aside penalty imposed under Section 129(1)(b), directing authorities to apply Section 129(1)(a) where goods were accompanied by tax invoice.

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