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Judiciary

10(23C)(vi) Exemption Wrongly Denied; Surplus Development Fund Not Proof of Profit Motive

November 17, 2025 1449 Views 0 comment Print

The Tribunal held that use of surplus for land purchase in the society’s name reflects genuine educational intent. It rejected the view that recurring surplus amounts to profit motive and found the earlier inquiry incomplete. The application under Section 10(23C)(vi) was remanded for proper evaluation.

Expenditure on Short-Lived CAD Software Eligible for 80IC Deduction

November 17, 2025 339 Views 0 comment Print

ITAT Chandigarh ruled that CAD software with a short lifecycle and frequent upgrades qualifies as revenue expenditure, enabling full Section 80IC deduction. AO and CIT(A) orders were set aside.

Notification 12/2012-Cus. benefit allowed to Coke Breeze as used for metallurgical purpose only

November 17, 2025 537 Views 0 comment Print

CESTAT Hyderabad held that imported Chinese Coke Breeze used for metallurgical purpose only and not for any other purpose like non-metal extraction, etc. would be entitled to benefit of Notification No.12/2012-Cus dt.17.03.2012. Accordingly, order set aside and appeal allowed.

DRP Wrongly Rejected Vital Evidence; Matter Remanded for Fresh TP Adjudication

November 17, 2025 1590 Views 0 comment Print

The Tribunal held that the DRP erred in refusing to consider the USAID–AE agreement, which directly established the back-to-back cost-plus-6% model. It ruled that such crucial evidence cannot be dismissed on a procedural technicality and remanded the matter for fresh adjudication.

Fresh GST Demand Quashed Because Section 61 Reply Had Been Accepted

November 16, 2025 4464 Views 0 comment Print

The Court ruled that a fresh demand under Section 73 cannot be raised when the taxpayer’s explanation under Section 61(2) was already accepted. The decision sets aside the SCN and order issued on the same grounds.

Allahabad High Court Grants Bail in Rs. 32 Crore GST Fraud Case

November 16, 2025 2961 Views 0 comment Print

Court allowed bail to a businessman accused of claiming input tax credit through shell companies, citing completed investigation and documentary evidence. Bail conditions include appearing at trial and avoiding evidence tampering.

Kerala HC Upholds GST Registration Cancellation for Delay in Seeking Remedies

November 16, 2025 783 Views 0 comment Print

he Court dismissed a writ petition challenging GST registration cancellation, noting the petitioner’s failure to file statutory remedies within prescribed timelines.

GSTAT Appeal Needs Mandatory 10% Penalty Pre-Deposit; DRC-03 Not Adjustable

November 16, 2025 3519 Views 0 comment Print

Court held that an appeal must be filed before Tribunal within notified window and directed a 10% penalty pre-deposit. It ruled that earlier tax-related deposits cannot be adjusted, and protected petitioner from coercive action after compliance.

GST Appeal Limitation Starts From Email, Not Failed Portal Upload: Gujarat HC

November 16, 2025 2154 Views 0 comment Print

HC quashed an appellate order rejecting a GST appeal as time-barred, holding appeal was filed within limitation because order was communicated late due to a portal glitch.

GST Registration Cancellation quashed for Defective SCN, No Hearing & Non Speaking Order

November 16, 2025 1293 Views 0 comment Print

The court quashed a GST cancellation order issued without proper notice or reasons, emphasizing natural justice and the petitioner’s right to business under Article 19(1)(g).

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