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HC Sets Aside Suspension for Inaction on Bogus GST Firm as Officer Was on Leave and Later Transferred

November 21, 2025 5562 Views 0 comment Print

The Court set aside a suspension issued for not acting against a bogus GST firm, noting the officer was on sanctioned leave and later transferred. The ruling permits inquiry proceedings to continue but removes the suspension.

Section 74 Cannot be used to Reassess Finalised Service Tax Liabilities: Bombay HC

November 21, 2025 786 Views 0 comment Print

The Court confirmed that the Joint Commissioner could not rectify another authority’s order under Section 74, and the petitioner must use statutory appeal mechanisms.

GST Proceedings Quashed for Combining Two Tax Periods in One Notice: Karnataka HC

November 20, 2025 1359 Views 0 comment Print

The Court held that the impugned GST notice and adjudication orders suffered from multiple legal defects and quashed them. Authorities can issue a fresh notice, with limitation suspended for the contested period.

Long-Term Lease Premium & Car Parking charges not liable to Service Tax: CESTAT Kolkata

November 19, 2025 588 Views 0 comment Print

The Tribunal held that one-time lease premium and salami for commercial units cannot be taxed as renting services because the transaction involved transfer of substantial property rights and construction service, not periodic rent. Car-parking fees were also found non-taxable under renting. The ruling provides key clarity for real estate developers on classification and abatement eligibility.

Orissa HC Quashes GST Order for Mismatch Between SCN & Adjudication Periods

November 19, 2025 1434 Views 0 comment Print

The Orissa High Court set aside a GST order of Rs.17.89 lakh after the tax periods in the adjudication did not match the show-cause notice, remitting the matter for fresh computation.

Electronic GST Orders Cannot Be Invalidated for Missing Visible Signatures: Delhi HC

November 19, 2025 1335 Views 0 comment Print

Delhi High Court held that GST SCNs and orders are legally valid when authenticated using digital keys, even without visible signatures, and that statutory appeal under Section 107 is appropriate remedy.

1,370-Day Delay Not Condoned; Reliance on Consultant Not Sufficient Cause: ITAT Mumbai

November 19, 2025 726 Views 0 comment Print

ITAT Mumbai dismissed a tax appeal due to a 1,370-day delay, ruling that reliance on a tax consultant’s advice does not constitute sufficient cause for condonation. Case underscores strict adherence to limitation rules in tax proceedings.

Section 148 Notice Invalid in International Tax Cases if Issued by JAO Instead of FAO: Bombay HC

November 19, 2025 1170 Views 0 comment Print

The Court held that a Section 148 notice issued by the Jurisdictional Assessing Officer instead of the Faceless Assessing Officer was invalid. It ruled that mandatory faceless procedures apply even in international taxation matters.

Section 194-IA TDS Not Triggered for Partial Ownership Below ₹50 Lakh

November 17, 2025 1812 Views 0 comment Print

The ITAT Chandigarh ruled that a co-purchaser of property is not liable to deduct TDS under Section 194-IA if their individual share is below ₹50 lakh, even if total consideration exceeds the limit. The Tribunal quashed both AO and CIT(A) orders.

Section Registration 12AB Cannot Be Cancelled for Past Alleged Misdeeds: ITAT Delhi

November 13, 2025 1428 Views 0 comment Print

ITAT ruled that the CIT (Exemption) had no power to cancel registration under Section 12AB(4) for violations that occurred before April 2022, rendering the action void.

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