Orissa High Court Sets Aside Ex Parte Refund Rejection Owing to Proprietor’s Cancer Treatment: Upholding Principles of Natural Justice

Introduction In tax adjudication, adherence to timelines and procedural requirements is crucial. However, when genuine circumstances such as serious illness prevent compliance, courts have consistently emphasized the importance of natural justice over rigid procedural formalities. The Orissa High Court, in its judgment …

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Refund of Excess ITC Due to Inverted Tax Structure Must Be Processed Within 3 Weeks: Delhi High Court 14.08.2025

Introduction The Delhi High Court directed the tax department to process refund claims of excess Input Tax Credit (ITC) arising out of the inverted duty structure within a strict timeline of three weeks. The ruling came in response to the petitioner’s grievance that their …

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CBIC Circular on refunding unutilised ITC under Rule 89(5) is not prospective: Supreme Court dismisses Revenue Petition with ₹10,000 costs

Introduction The issue of refunding unutilised Input Tax Credit (ITC) under the inverted duty structure has long been contentious under GST. A key dispute arose around the July 2022 amendment to Rule 89(5), which corrected the refund formula to include both inputs and input …

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Supreme Court: Sole Proprietorship Not a Juristic Person, Can Be Sued but Cannot Sue

In a landmark ruling dated August 26, 2025, the Supreme Court of India in Dogiparthi Venkata Satish and Anr. v. Pilla Durga Prasad & Ors. clarified the legal position of sole proprietorship firms under Indian law. The Court held that a proprietorship is not a juristic person and therefore cannot …

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No FIR in Cheque Dishonour Disputes, Cognizance Only on Complaint under Section 138 NI Act: Allahabad HC

Introduction The Allahabad High Court has recently delivered a significant ruling clarifying the procedural framework in cheque bounce cases under the Negotiable Instruments Act, 1881. The Court held that registration of FIRs and filing of police charge-sheets in such disputes …

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ITAT rightly granted Sec. 12AA registration to trust meant for benefit of pharma dealers: Chhattisgarh High Court (13 August 2025)

The Chhattisgarh High Court recently affirmed the order of the Income Tax Appellate Tribunal (ITAT) granting registration under Section 12AA of the Income-tax Act, 1961 to a trust created for the benefit of pharmaceutical dealers. The ruling underscores that at the stage …

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Refund plea filed beyond limitation period to be admitted in view of SC ruling in Mohit Minerals: Andhra Pradesh High Court (14 August 2025)

Introduction The Andhra Pradesh High Court, in its decision dated 14 August 2025, held that refund claims filed beyond the prescribed limitation period under the GST regime are to be entertained in certain circumstances, especially where such delay is attributable …

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Delay in filing Form No. 10 and Form No. 10B is a procedural lapse which cannot be the sole ground for denying exemption under Section 11: ITAT Ahmedabad

In a significant ruling, the Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench, in the case of Gujarat Technological University vs. DCIT (order dated 19 August 2025), held that a mere procedural lapse such as delay in filing Form 10 and Form 10B cannot be the sole …

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ITAT Ahmedabad: Trust Eligible for Section 12AB Registration Despite Caste-Based Objects if Activities Not Exclusionary

In a significant ruling, the Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench, held that a trust cannot be denied registration under Section 12AB of the Income-tax Act, 1961 merely on the ground that it was created for the benefit of a particular caste …

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Madras High Court Restores GST Registration Cancelled Due to Non-Compliance Caused by Director’s Ill Health, Subject to Strict Conditions

The Madras High Court, in its judgment dated 5 August 2025 in Chandrasekar Balasubramanian v. Superintendent of CGST & Central Excise (W.P. No. 29038 of 2025), addressed the issue of GST registration cancellation on account of prolonged non-filing of returns. The petitioner, a sole …

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