Team ALA Legal Archive

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 …

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 …

Extension of time limit in respect of all judicial or quasi judicial proceedings till 28.02.2022 by Hon’ble Apex Court

Dear All, This is to update you that the bench comprising of Chief Justice of India NV Ramana, Justice L Nageswara Rao and Justice Surya Kant passed the order on an application filed by the Supreme Court Advocates-on-Record Association (SCAORA) in the suo motu case In Re Cognizance for Extension of Limitation extending the period …

“Case update: Latest decision of Hon’ble Orissa High Court inter-alia on the issue of availing ITC on the basis of alleged fake invoices”

Greetings from GSTLawIndia.in, On 04.10.2021, a landmark ruling came to be delivered by Hon’ble Orissa High Court on the issue of input tax credits based on alleged bogus invoices. It is pertinent to note that the aforesaid issue of bogus invoices, has been a subject matter of heated debate and one which is plaguing the …