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Officer Cannot Be Suspended for Fraud Occurring After His Adverse GST Report

November 27, 2025 750 Views 0 comment Print

The Court held that a State Tax Officer’s suspension for delayed reporting was unjustified when an adverse report had already been submitted before the fraudulent ITC claim. The ruling clarifies that authorities must act on such reports and cannot shift responsibility to subordinate officers.

Faulty Video Link Sent At 3AM which Prevented Hearing: Appeal Order Quashed

November 27, 2025 237 Views 0 comment Print

The Court held that the assessee could not join the scheduled virtual hearing because the link was not functional and the corrected link arrived too late. It set aside the order and directed fresh adjudication after proper hearing.

GST Penalty Quashed as E-Way Bill Was Generated Before Interception

November 27, 2025 1173 Views 0 comment Print

The Court held that a penalty under Section 129 was unsustainable where the e-way bill had been generated before the goods were detained. It ruled that no intention to evade tax could be inferred when the required document existed prior to interception.

Allahabad HC Sets Aside GST Appellate Order Passed Without Notifying Assessee

November 27, 2025 756 Views 0 comment Print

The Court determined that the authority reserved judgment on the hearing date and delivered it later without notifying the petitioner. It held that such a procedure is unsupported by the GST Act. The case was remanded for a fresh, lawful decision.

Penalty based on Loose Sheets/Ledger Without supporting proof not Valid

November 27, 2025 603 Views 0 comment Print

The Tribunal held that penalty under section 270A could not stand because the JPACK ledger titled “SABARI” was not proven to belong to the assessee. The ruling emphasises lack of corroborative evidence and inconsistencies in the seized material.

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

November 27, 2025 696 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.

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

November 27, 2025 480 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 435 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.

Misdeclared Poppy Seeds & Areca Nuts: Delhi HC Declines to Quash ₹12 Cr Penalty

November 27, 2025 498 Views 0 comment Print

HC refused to entertain challenge to customs penalty after finding concealment of facts and noting availability of alternate remedies. It upheld investigation’s findings on misdeclaration and imposed exemplary costs.

Cost accountant’s Affidavit Cannot Be Ignored in CGST Hearing: Kerala HC

November 27, 2025 618 Views 0 comment Print

Kerala High Court directs reconsideration of input tax credit denial, emphasizing that a cost accountant’s affidavit during personal hearing must be considered.

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