Daily Archives: December 3, 2025

Voluntary payment covers pre-deposit; bank attachment lifted while limitation challenge awaits Supreme Court verdict

By | December 3, 2025

Voluntary payment covers pre-deposit; bank attachment lifted while limitation challenge awaits Supreme Court verdict   Issue Pre-Deposit & Attachment: Whether a voluntary deposit made by the assessee can be treated as the mandatory pre-deposit for filing a statutory appeal, thereby warranting the lifting of a bank account attachment. Limitation Validity: Whether the Notifications extending the… Read More »

Category: GST

SCN in Additional Notices tab warrants remand; limitation extension validity awaits Supreme Court ruling

By | December 3, 2025

SCN in Additional Notices tab warrants remand; limitation extension validity awaits Supreme Court ruling Issue Natural Justice: Whether an adjudication order passed ex parte is valid when the Show Cause Notice (SCN) was uploaded to the “Additional Notices” tab, resulting in the petitioner missing the notice and the hearing. Limitation Validity: Whether the Notifications extending… Read More »

Category: GST

Adjudication order quashed as hearing notice lacked date, time, and venue details violating Section 75(4)

By | December 3, 2025

Adjudication order quashed as hearing notice lacked date, time, and venue details violating Section 75(4) Issue Whether an adjudication order is valid under Section 75(4) of the CGST Act when the Show Cause Notice (SCN) failed to specify the date, time, and venue for a personal hearing, despite the assessee failing to file a reply.… Read More »

Category: GST

Consultant negligence leads to remand on costs; limitation challenge awaits Supreme Court verdict

By | December 3, 2025

Consultant negligence leads to remand on costs; limitation challenge awaits Supreme Court verdict Issue Natural Justice: Whether an adjudication order passed ex parte due to the negligence of a GST consultant (who failed to check the notice) should be set aside to allow the assessee a hearing. Validity of Extension: Whether the Notifications extending the… Read More »

Category: GST

Ex-parte GST order set aside on heavy costs; Limitation challenge linked to SC outcome

By | December 3, 2025

Ex-parte GST order set aside on heavy costs; Limitation challenge linked to SC outcome Issue Natural Justice: Whether an adjudication order passed ex parte (without a reply or hearing) should be set aside to allow the assessee a chance to defend on merits, despite previous non-compliance. Limitation Validity: Whether the Notifications extending the time limit… Read More »

Category: GST

IMPORTANT INCOME TAX CASE LAWS 02.12.2025

By | December 3, 2025

IMPORTANT INCOME TAX CASE LAWS 02.12.2025 Section Case Law Title Brief Summary Citation Relevant Act Section 6 Assistant Commissioner of Income-tax v. Paul Dhinakaran Assessee, an individual who left India for employment in the USA, was treated as a Non-Resident for relevant AYs as his stay in India was less than 182 days. Consequently, foreign-sourced… Read More »

Unverified bank liabilities added u/s 68; SLP dismissed as assessee failed to prove unpresented cheques theory

By | December 3, 2025

Unverified bank liabilities added u/s 68; SLP dismissed as assessee failed to prove unpresented cheques theory Issue Whether liabilities reflected in the books of account towards banks can be added as unexplained cash credits under Section 68 of the Income-tax Act, 1961, when the assessee fails to produce supporting bank statements or documentary evidence to… Read More »

Reassessment order collapses if foundational Section 148A(d) order is quashed; SC dismisses Revenue’s SLP

By | December 3, 2025

Reassessment order collapses if foundational Section 148A(d) order is quashed; SC dismisses Revenue’s SLP Issue Whether a final reassessment order passed by the Assessing Officer can survive legally when the foundational order under Section 148A(d) and the notice under Section 148 (which initiated the proceedings) have been quashed by the High Court. Facts Initiation: For… Read More »

Reopening invalid if slump sale goodwill depreciation was examined in scrutiny; SLP dismissed

By | December 3, 2025

Reopening invalid if slump sale goodwill depreciation was examined in scrutiny; SLP dismissed Issue Whether the Assessing Officer (AO) can validly reopen an assessment under Section 148 beyond four years to disallow depreciation on goodwill and assets acquired via slump sale, when the transaction was examined during the original scrutiny assessment under Section 143(3). Facts… Read More »