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    September 25, 2026   Case Laws GST
    Net ITC computation excludes reversals of earlier-period credit unrelated to the refund period under the statutory formula.
    September 25, 2026   Case Laws GST
    Statutory appellate-admission discretion permits refusal where the penalty falls within the prescribed monetary threshold for discretionary admission.
    September 25, 2026   Case Laws GST
    Procedural defect non-compliance can lead to appeal rejection after repeated opportunities to cure filing defects remain unused.
    September 25, 2026   Case Laws GST
    Agricultural warehousing exemption does not cover separately rented godowns; rent remains taxable, with reverse charge for unregistered lessors.
    September 25, 2026   Case Laws GST
    GST taxability of domestic aircraft supplies confirms taxable ex-works transfers require registration in the supplying State.
    September 25, 2026   Case Laws GST
    Advance-ruling admission bar requires threshold rejection where the same supply-characterisation question is already pending or decided.
    September 25, 2026   Case Laws GST
    Mineral extraction rights granted by government make royalty licensing-service consideration, with permit holders bearing reverse-charge GST.
    September 25, 2026   Case Laws GST
    Government water works contract GST concession applied before its withdrawal, while contractual tax reimbursement claims lay outside advance-ruling sc...
    September 25, 2026   Case Laws Income Tax
    Penalty immunity hearings require meaningful opportunity before rejection, requiring fresh consideration where next-day notice prevents substantiation...
    September 25, 2026   Case Laws Income Tax
    Reassessment jurisdiction and faceless assessment disputes remain open to renewed challenges under the amended statutory framework.
    September 25, 2026   Case Laws Income Tax
    Interest on TDS-demand refunds remains payable under the pre-existing refund provision despite a later statutory insertion.
    September 25, 2026   Case Laws Income Tax
    Upper turnover filters can exclude high-scale software comparables where size, intangibles and market power impair transfer-pricing comparability.
    September 25, 2026   Case Laws Income Tax
    Unabated section 153A assessments require search-derived incriminating material; absent that, additions cannot stand and related penalties fail.
    September 25, 2026   Case Laws Income Tax
    AMP expenditure characterisation blocks transfer-pricing adjustment where no international transaction exists, sustaining deletion of the adjustment.
    September 25, 2026   Case Laws Income Tax
    Stamp valuation increases after registration-fee payment led to deletion of property-purchase addition within tolerance and without valuation referral...
    September 25, 2026   Case Laws Income Tax
    Recurring advertising expenditure remains revenue in nature where it creates no capital asset or enduring benefit.
    September 25, 2026   Case Laws Income Tax
    Agricultural Land Capital-Asset Status Requires Proof of Municipal Limits Before Capital Gains and Exemption Claims Are Decided
    September 25, 2026   Case Laws Income Tax
    Unrecorded sales receipts: profit estimates require evidentiary basis, while off-book entries cannot trigger cash-credit additions.
    September 25, 2026   Case Laws Income Tax
    Best-judgment expenditure disallowances need material evidence; book rejection alone cannot justify an unsupported ad hoc addition.
    September 25, 2026   Case Laws Income Tax
    Foreign tax credit survives delayed prescribed-form filing where no rule prescribes denial, permitting rectification of contradictory computations.
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September 25, 2026   Case Laws GST
Net ITC computation excludes reversals of earlier-period credit unrelated to the refund period under the statutory formula.
September 25, 2026   Case Laws GST
Statutory appellate-admission discretion permits refusal where the penalty falls within the prescribed monetary threshold for discretionary admission.
September 25, 2026   Case Laws GST
Procedural defect non-compliance can lead to appeal rejection after repeated opportunities to cure filing defects remain unused.
September 25, 2026   Case Laws GST
Agricultural warehousing exemption does not cover separately rented godowns; rent remains taxable, with reverse charge for unregistered lessors.
September 25, 2026   Case Laws GST
GST taxability of domestic aircraft supplies confirms taxable ex-works transfers require registration in the supplying State.
September 25, 2026   Case Laws GST
Advance-ruling admission bar requires threshold rejection where the same supply-characterisation question is already pending or decided.
September 25, 2026   Case Laws GST
Mineral extraction rights granted by government make royalty licensing-service consideration, with permit holders bearing reverse-charge GST.
September 25, 2026   Case Laws GST
Government water works contract GST concession applied before its withdrawal, while contractual tax reimbursement claims lay outside advance-ruling scope.
September 25, 2026   Case Laws Income Tax
Penalty immunity hearings require meaningful opportunity before rejection, requiring fresh consideration where next-day notice prevents substantiation of claims.
September 25, 2026   Case Laws Income Tax
Reassessment jurisdiction and faceless assessment disputes remain open to renewed challenges under the amended statutory framework.
September 25, 2026   Case Laws Income Tax
Interest on TDS-demand refunds remains payable under the pre-existing refund provision despite a later statutory insertion.
September 25, 2026   Case Laws Income Tax
Upper turnover filters can exclude high-scale software comparables where size, intangibles and market power impair transfer-pricing comparability.
September 25, 2026   Case Laws Income Tax
Unabated section 153A assessments require search-derived incriminating material; absent that, additions cannot stand and related penalties fail.
September 25, 2026   Case Laws Income Tax
AMP expenditure characterisation blocks transfer-pricing adjustment where no international transaction exists, sustaining deletion of the adjustment.
September 25, 2026   Case Laws Income Tax
Stamp valuation increases after registration-fee payment led to deletion of property-purchase addition within tolerance and without valuation referral.
September 25, 2026   Case Laws Income Tax
Recurring advertising expenditure remains revenue in nature where it creates no capital asset or enduring benefit.
September 25, 2026   Case Laws Income Tax
Agricultural Land Capital-Asset Status Requires Proof of Municipal Limits Before Capital Gains and Exemption Claims Are Decided
September 25, 2026   Case Laws Income Tax
Unrecorded sales receipts: profit estimates require evidentiary basis, while off-book entries cannot trigger cash-credit additions.
September 25, 2026   Case Laws Income Tax
Best-judgment expenditure disallowances need material evidence; book rejection alone cannot justify an unsupported ad hoc addition.
September 25, 2026   Case Laws Income Tax
Foreign tax credit survives delayed prescribed-form filing where no rule prescribes denial, permitting rectification of contradictory computations.

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Home › Highlights › GST › 2025 › August, 2025 › This
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The HC rejected the respondents' contention regarding...

Cancellation of GST Registration Set Aside for Lack of Natural Justice and Non-Application of Mind

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GST August 8, 2025 Case Laws HC
The HC rejected the respondents' contention regarding time-barred appeal and held the cancellation of GST registration invalid due to non-application of mind and violation of natural justice principles. The court found that the quasi-judicial authority failed to consider the petitioner's reply to the show cause notice, rendering the cancellation order non-speaking and legally infirm. Consequently, the impugned orders dated 11.08.2022, 12.09.2022, 22.08.2024, and 03.09.2024 were set aside. The matter was remanded to the Superintendent, Danapur, for fresh adjudication, directing a thorough consideration of the petitioner's contentions and completion of proceedings within three months from receipt of the order. The petition was allowed by way of remand, ensuring adherence to procedural fairness and statutory requirements.
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