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Judiciary

GST Authorities Cannot Withheld MOV-09 When Payment Made Under Protest

November 27, 2025 411 Views 0 comment Print

Allahabad HC directs authorities to issue Form GST MOV-09 after payment under protest. Non-issuance deprived the petitioner of the right to appeal, making the action unlawful.

Once TNMM Is Applied PO Cannot Benchmark Management Fees Separately or Assign Nil ALP

November 27, 2025 534 Views 0 comment Print

The Tribunal held that once TNMM is accepted for a set of linked transactions, the TPO cannot separately benchmark Management Fees or treat their ALP as Nil. The adjustment was deleted as the fees were already included in the cost base used for arm’s length analysis.

Delay Due to Technical Glitch Cannot Deny VAT Amnesty Benefit: Gujarat HC

November 27, 2025 672 Views 0 comment Print

The court held that a two-day delay caused by an online portal glitch could not justify rejection under a VAT Amnesty Scheme. The delay was condoned, and the rejection order was quashed.

GST Registration Cancelled by Mistake due to Consultants Mistake: HC orders restoration

November 27, 2025 429 Views 0 comment Print

The court quashed a GST cancellation caused by a bona fide mistake, directing reinstatement of the taxpayer’s registration and ensuring continuity of business without State prejudice.

Customs Must Consider Objections on BIS Certification Defects: Chhattisgarh HC

November 27, 2025 282 Views 0 comment Print

Chhattisgarh HC directs Adjudicating Authority to hear objections on imported goods detained due to alleged BIS certification and labeling defects.

No Satisfaction Recorded, Section 153C Cannot Be Invoked: Calcutta HC

November 27, 2025 411 Views 0 comment Print

High Court dismissed writ petition, confirming that reassessment under Section 147 is valid when no incriminating material is found, and Section 153C is inapplicable.

SLP Dismissed for Availability of Effective Alternate Remedy: SC Allows 30 Days to File Appeal

November 27, 2025 336 Views 0 comment Print

The Supreme Court refused to interfere after noting that the petitioner had an effective statutory appeal against the confiscation order. The Court upheld the High Court’s view and allowed the petitioner 30 days to file an appeal.

Service Tax on Rent: Co-Owners Not One Entity for Threshold Calculation

November 27, 2025 468 Views 0 comment Print

The Calcutta High Court remanded the matter for adjudicating authority to compute service tax on consolidated rental income exceeding threshold limits. Co-owners are not treated as a single entity merely due to a joint account arrangement.

Kerala HC Allows Single Surety Bond Per District for Accused in 1300+ CSR Fund Cases

November 27, 2025 417 Views 0 comment Print

Court permits execution of a single surety bond per district for 1,343 cases, citing exceptional circumstances. This relieves a 70-year-old accused from onerous bail conditions while ensuring court appearance.

Chhattisgarh HC Quashes Additions as Section 133A Survey Statements Hold No Evidentiary Value

November 27, 2025 759 Views 0 comment Print

Court rules that statements recorded under Section 133A during survey proceedings have no evidentiary value, invalidating additions for excess stock and cash.

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