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Judiciary

GST Pre-Deposit Applies Only to Disputed Tax, Delay Due to Illness Accepted: Calcutta HC

November 21, 2025 600 Views 0 comment Print

Court condoned a 27-day delay in filing an appeal and held that pre-deposit must be computed only on disputed tax. The matter was remanded for fresh calculation and reconsideration.

No interest leviable u/s. 50 of GST Act from date of deposit in electronic cash ledger till filing of GSTR-3B

November 21, 2025 978 Views 0 comment Print

Gujarat High Court held that interest under section 50 of the GST Act cannot be levied from the date of deposit of the amount in electronic cash ledger till the time the return in Form GSTR3B is submitted. Accordingly, petition is allowed.

Ex-Parte Assessment Remanded as Assessee Was Abroad & Notice not Communicated by Consultant

November 21, 2025 354 Views 0 comment Print

The Tribunal remanded the matter after noting that both assessment and appellate orders were passed ex parte. The case was returned to the AO with directions to provide the assessee a fresh opportunity upon payment of costs.

Penalty Deleted as Incorrect Carry-Forward Loss Claim was Bona Fide Error: ITAT Chandigarh

November 21, 2025 405 Views 0 comment Print

The Tribunal held that the incorrect carry-forward loss claim arose from an inadvertent mistake and was not deliberate. The penalty was deleted after noting absence of concealment or inaccurate particulars.

Import of parts of e-rikshaw without essential components not to be presumed as import of e-rikshaw in CKD/SKD

November 21, 2025 831 Views 0 comment Print

CESTAT Delhi held that import of parts of e-rikshaw cannot be presumed to be import of an e-rikshaw in complete knocked-down/semi knocked-down [CKD/SKD] condition as three essential components were not imported. Accordingly, demand set aside.

Reassessment Quashed – Section 151 Approval Held Mechanical; No Application of Mind by PCIT

November 21, 2025 687 Views 0 comment Print

The Tribunal held that reopening was invalid as the sanctioning authority recorded only a one-word approval. Key takeaway: Mechanical approval without reasoning vitiates jurisdiction under Section 147.

CESTAT Upholds Penalties for Illegal Removal of Seized Goods Under Customs Act

November 21, 2025 558 Views 0 comment Print

The Chennai Tribunal upheld penalties against custodians, steamer agents, and employees for removing seized goods without permission, confirming accountability under the Customs Act.

Employees on deputation can be repatriated at any time by competent authorities: Calcutta HC

November 21, 2025 2244 Views 0 comment Print

The Calcutta High Court dismissed the writ petition, confirming the petitioner’s repatriation under DOPT OM 17-06-2010. The CAT’s findings on unsuitability and compliance with notice requirements were upheld.

Addition Deleted as Clerical Mistake Doesn’t Overrule Substantive Evidence

November 21, 2025 582 Views 0 comment Print

The Tribunal ruled that an addition of Rs. 25 lakh was unjustified as the genuineness of a cash deposit from agricultural land sale was established, despite minor errors in affidavit.

Quashed Reassessment: Borrowed Info & Sec 151 Approval Invalid

November 21, 2025 351 Views 0 comment Print

Reopening notice under Section 148 was held invalid as the AO ignored co-purchasers’ contributions and granted mechanical approval under Section 151 without application of mind. The Tribunal ruled the reassessment and associated additions null and void.

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