Monthly Archives: December 2025

Co-operative Society Entitled to Section 80P(2)(d) Deduction on Interest Earned from Investments in Co-operative Banks; Section 80P(4) Restriction Inapplicable to Investor

By | December 31, 2025

Co-operative Society Entitled to Section 80P(2)(d) Deduction on Interest Earned from Investments in Co-operative Banks; Section 80P(4) Restriction Inapplicable to Investor ISSUE Whether a Co-operative Society is entitled to claim deduction under Section 80P(2)(d) on interest income earned from investments made in Co-operative Banks, or if the provisions of Section 80P(4) (which excludes co-operative banks… Read More »

SLP Dismissed: Transfer of Jurisdiction from Delhi to Faridabad Valid; Director’s Link in Search Case Justifies Centralization

By | December 31, 2025

SLP Dismissed: Transfer of Jurisdiction from Delhi to Faridabad Valid; Director’s Link in Search Case Justifies Centralization ISSUE Whether an order under Section 127(2) transferring the jurisdiction of the assessee-company from New Delhi to Faridabad (Central Circle) is valid when the transfer is based on a search conducted on a Director (‘P’), despite the assessee’s… Read More »

Release of Seized Jewellery: 120-Day Limit Under Section 132B(1)(i) Held ‘Directory’; No Automatic Release if Explanation Verification is Pending

By | December 31, 2025

Release of Seized Jewellery: 120-Day Limit Under Section 132B(1)(i) Held ‘Directory’; No Automatic Release if Explanation Verification is Pending ISSUE Whether the time limit of 120 days prescribed in the second proviso to Section 132B(1)(i) for the release of seized assets is mandatory (requiring automatic release upon expiry) or directory (allowing retention beyond 120 days… Read More »

Assessment Quashed: Final Order Post-DRP Directions Must Strict Adhere to Section 153 Limitation; AY 2020-21 Order Dated June 2024 Held Time-Barred

By | December 31, 2025

Assessment Quashed: Final Order Post-DRP Directions Must Strict Adhere to Section 153 Limitation; AY 2020-21 Order Dated June 2024 Held Time-Barred ISSUE Whether the strict time limits prescribed under Section 153 (specifically Section 153(1) extended by Section 153(4) for Transfer Pricing cases) apply to the passing of the Final Assessment Order under Section 144C(13), and… Read More »

200% Penalty for Misreporting Deleted: Bona Fide Mistake in Claiming VRS Exemption in Revised Return Does Not Constitute Under-Reporting

By | December 31, 2025

200% Penalty for Misreporting Deleted: Bona Fide Mistake in Claiming VRS Exemption in Revised Return Does Not Constitute Under-Reporting ISSUE Whether penalty under Section 270A (at 200% for misreporting) can be levied when an assessee, under a bona fide but mistaken belief, revises his return to claim exemption on VRS benefits, despite having originally disclosed… Read More »

IMPORTANT GST CASE LAWS 29.12.2025

By | December 29, 2025

IMPORTANT GST CASE LAWS 29.12.2025 Relevant Act Section / Rule Case Law Title / Order Brief Summary Citation / Source CGST Act, 2017 GSTAT (Bench Allocation) Order No. 03/2025 The Government issued an Office Order allocating benches to Technical and Judicial Members of the GST Appellate Tribunal (GSTAT) across India. Members are directed to join… Read More »

Category: GST

Refund of ‘Excess Tax’ (Repaid IGST) Remanded to Adjudicating Authority in Light of Hikal Ltd. Ruling on Rule 96(10) Omission

By | December 29, 2025

Refund of ‘Excess Tax’ (Repaid IGST) Remanded to Adjudicating Authority in Light of Hikal Ltd. Ruling on Rule 96(10) Omission ISSUE Whether the petitioner is entitled to a refund of the amount (IGST + Interest) they had voluntarily repaid to the Department upon an allegation of violating Rule 96(10) (restriction on exporting with payment of… Read More »

Category: GST

Writ Dismissed: Pre-Show Cause Notice Consultation (DRC-01A) Not Mandatory Post-Amendment of Rule 142(1A); Fraud Cases Require Strict Action

By | December 29, 2025

Writ Dismissed: Pre-Show Cause Notice Consultation (DRC-01A) Not Mandatory Post-Amendment of Rule 142(1A); Fraud Cases Require Strict Action ISSUE Whether the issuance of a Pre-Show Cause Notice (Pre-SCN) consultation notice (Form DRC-01A) is mandatory before issuing an SCN under Section 74, especially in cases involving large-scale fraudulent availment of Input Tax Credit (ITC). Whether the… Read More »

Category: GST

Empty Part-B of E-Way Bill Due to Technical Glitch Does Not Attract Section 129 Penalty in Absence of Intent to Evade Tax

By | December 29, 2025

Empty Part-B of E-Way Bill Due to Technical Glitch Does Not Attract Section 129 Penalty in Absence of Intent to Evade Tax ISSUE Whether a penalty under Section 129(3) of the CGST Act can be imposed for the non-generation of Part-B of the E-way bill (vehicle details) when the omission was caused by a technical… Read More »

Category: GST

High Court Condones Delay and Remands Ex-Parte Order for Fresh Adjudication Subject to Total 25% Pre-Deposit

By | December 29, 2025

High Court Condones Delay and Remands Ex-Parte Order for Fresh Adjudication Subject to Total 25% Pre-Deposit ISSUE Whether the High Court can exercise its writ jurisdiction to remand a case for fresh adjudication when the statutory limitation period for filing an appeal under Section 107 has expired, particularly when the original order was passed ex-parte… Read More »

Category: GST