Subsequent notice u/s 28(4) Customs Act cannot be ‘Supplementary’ to prior notice u/s 28(1), both provisions operate in separate fields

Delhi HC: M/s Ismartu India Pvt. Ltd. V. Union of India & Ors. : W.P.(C) 15199/2023 Background The Petition was filed challenging a Show Cause Notice (SCN) issued under Section 28(4) of the Customs Act, 1962. The petitioner sought to quash the SCN on several grounds, including that a prior SCN dated July 25, 2023, …

No 2 Year Time Limit for refund of pre-deposit made during the filing of appeal

Jharkhand HC: M/S BLA Infrastructure Private Limited V The State Of Jharkhand : 2025 (2) TMI (352) Background: The petitioner, BLA Infrastructure Private Limited, is a registered dealer under the Goods & Services Tax Act, involved in the business of loading, unloading, and transporting coal. In January 2021, the petitioner was issued a show-cause notice …

Guahati High Court quashed the Cancellation order due to its procedural deficiencies and lack of reasoning

Guahati HC: Sri Mohan Mech V. Union of India : 2025 (3) TMI 1335 Background: The petitioner M/s Sri Mohan Mech, had obtained GST registration under the Central Goods and Services Tax (CGST) Act, 2017. The Petitioner received a Show Cause Notice asking why his GST registration should not be cancelled due to the failure …

Rejection of application for nil withholding tax certificate. Hon’ble Delhi High Court found that the rejection lacked proper justification and directed the issuance of a nil withholding tax certificate while allowing the authorities to reassess the petitioner’s taxability independently.

Delhi HC: LUFTHANSA CARGO AG VERSUS ASSISTANT COMMISSIONER OF INCOME TAX & ORS. 2025 (4) TMI 89 Background: The case involves Lufthansa Cargo AG, a tax resident of Germany engaged in international cargo transportation, disputing the rejection of its application for nil withholding tax certificate under Section 195(3) of the Income Tax Act, 1961. The …

Income Tax Notice & Order issued in the name of a deceased person, Hon’ble Bombay HC set aside the reassessment notices and orders

Bombay HC: AMJAD AHMED SHAIKH VERSUS ITO:2025 (3) TMI 358 Background: The case concerns a dispute regarding the validity of income tax notices and assessment orders issued by the Department in the name of a deceased individual. The petitioner, Amjad Ahmed Shaikh, is the legal heir of Late Ahmed Gulamnabi Shaikh, who passed away on …

Apex Court reiterates the principles laid down In L&T (2016) 1 SCC 170 and Rejected the Department’s plea to reconsider the said judgment

Hon’ble Supreme Court reiterates the principles laid down in Larsen & Toubro that no service tax was leviable on composite works contracts prior to introduction of Finance Act, 2007 and rejected the plea of the Department to reconsider the said judgment. Recently, the Hon’ble Supreme Court in a batch of matters, titled as Total Environment …

Sunset clause of area based exemption notification relevant only for the purpose of eligibility and not for claiming exemption

In a recent case, the Hon’ble CESTAT (Delhi) while allowing the Assessee to claim area-based excise duty exemption under Notification No. 50/2003-CE dated 10.06.2003 held that the sunset clause only relevant for the purpose of eligibility and not for claiming exemption. The Assessee is also allowed to add new products and plant or machinery during …

Hon’ble Telegana High Court directed the revenue to consider refund claims under inverted duty structure, retrospectively in terms of Circular dated 06.07.2022

Recently, the Telangana High Court in the case of Micro Systems and Services (Sole Proprietorship) v. Union of India (Writ Petition No.37465 of 2021; dated 05.09.2022) has directed the Revenue to retrospectively consider the refund claims of unutilized ITC on account of inverted duty structure under Section 54(3)(ii) of the Central Goods and Services Tax …

Indicating a sign of relief to the taxpayers in Income Tax Reassemment proceedings, various High Courts (Delhi, Bombay, Allahabad and Calcutta) have granted interim relief/relief to the tax payers.

Notices u/s 148 for the AY 2013-14 & AY 2014-15 can be challenged in Writ Jurisdiction, on the ground of being time barred as per proviso to S. 149. Cases: Hon’ble Punjab & Haryana High Court in Kulwant Singh v. UOI CWP 18032/2022 has stayed the proceedings initiated under S. 148, issued in April, 2021 …