Team Bizsol

ITC refund cannot be denied to 100% EOU making zero-rated exports withdrawal order set aside {[2025] 180 taxmann.com 582 (Gujarat)} Facts:   Petitioner was a 100% Export Oriented Unit (EOU) manufacturing goods and exporting them under LUT without payment of GST (zero-rated exports). It procured inputs from domestic suppliers on payment of GST and claimed …

Judicial Corner : ITC refund cannot be denied to 100% EOU making zero-rated exports withdrawal order set aside {[2025] 180 taxmann.com 582 (Gujarat)} (03.12.2025) Read More »

SCN under sec. 74 UPGST Act quashed as it lacked allegations of fraud or intent to evade tax {[2025] 180 taxmann.com 796 (Allahabad)} Facts The department first issued an SCN under Section 73 for certain issues. The assessee submitted a detailed reply. Later, the same officer issued a fresh SCN under Section 74 for the …

Judicial Corner : SCN under sec. 74 UPGST Act quashed as it lacked allegations of fraud or intent to evade tax {[2025] 180 taxmann.com 796 (Allahabad)} (29.11.2025) Read More »

HC quashes demand raised by Dept. as proceedings were pending before issuance of notification omitting Rule 96(10) { Aculife Healthcare (P.) Ltd. vs. Union of India [2025] 179 taxmann.com 490 (Gujarat)}   Facts: The petitioner was issued proceedings/demand under Rule 96(10) alleging wrongful claim of IGST refund on exports. Before the proceedings could be finalized, …

Judicial Corner: HC quashes demand raised by Dept. as proceedings were pending before issuance of notification omitting Rule 96(10) { Aculife Healthcare (P.) Ltd. vs. Union of India [2025] 179 taxmann.com 490 (Gujarat)} (26.11.2025) Read More »

Income tax  The Ministry of Finance (Department of Revenue), vide Notification dated November 19, 2025, has introduced the Capital Gains Accounts (Second Amendment) Scheme, 2025, further refining the Capital Gains Account Scheme, 1988. Issued under sections 54, 54B, 54D, 54F, 54G, 54GA and 54GB of the Income-tax Act, the amendment strengthens the Scheme by formally …

Income Tax:The Ministry of Finance (Department of Revenue), vide Notification dated November 19, 2025, has introduced the Capital Gains Accounts (Second Amendment) Scheme, 2025, further refining the Capital Gains Account Scheme, 1988. (25.11.2025) Read More »

FEMA RBI, vide Notification No. FEMA 23(R)/(7)/2025-RB dated November 13, 2025, has amended the Foreign Exchange Management (Export of Goods & Services) Regulations, 2015. The amendment, issued under Sections 7, 8 and 47(2) of FEMA, extends key time limits governing export transactions. The period under Regulation 9 stands revised from nine months to fifteen months, …

FEMA:RBI, vide Notification No. FEMA 23(R)/(7)/2025-RB dated November 13, 2025, has amended the Foreign Exchange Management (Export of Goods & Services) Regulations, 2015. The amendment, issued under Sections 7, 8 and 47(2) of FEMA, extends key time limits governing export transactions. (25.11.2025) Read More »

DGFT DGFT, vide Trade Notice No. 18/2025-26 dated November 25, 2025, has initiated a comprehensive exercise for collection of information on Export-Related Non-Tariff Measures (NTMs), including testing and certification requirements, pursuant to the Export Promotion Mission (EPM) announced in the Union Budget 2025–26. The initiative forms part of the proposed component titled “Support for Export …

DGFT: DGFT, vide Trade Notice No. 18/2025-26 dated November 25, 2025, has initiated a comprehensive exercise for collection of information on Export-Related Non-Tariff Measures (NTMs), including testing and certification requirements, pursuant to the Export Promotion Mission (EPM) announced in the Union Budget 2025–26. (25.11.2025) Read More »

HC: Matter remanded as authorities failed to consider assessee’s explanation on GSTR-3B and GSTR-2A mismatch {Anjani Seeds and Fertilizers Depo vs. State of Gujarat [2025] 180 taxmann.com 348 (Gujarat)}   Facts Assessee (Anjani Seeds & Fertilizers Depo) received a show-cause notice alleging a mismatch between its GSTR-3B return and GSTR-2A / GSTR-1. Assessee submitted a …

Judicial Corner: HC: Matter remanded as authorities failed to consider assessee’s explanation on GSTR-3B and GSTR-2A mismatch {Anjani Seeds and Fertilizers Depo vs. State of Gujarat [2025] 180 taxmann.com 348 (Gujarat)} (25.11.2025) Read More »

{Xiaomi Technology India Pvt. Ltd. V/s  Principal Commissioner of Customs Appeal No. 40085/2024 Having Final Order no. 41324-41330/2025}   FACTS: DRI found Xiaomi India was not including royalty/licence fees in the assessable value of imported phones and components. Royalty was being paid under multiple agreements but not disclosed to Customs/SVB initially. Show Cause Notices alleged …

Judicial Corner: {Xiaomi Technology India Pvt. Ltd. V/s  Principal Commissioner of Customs Appeal No. 40085/2024 Having Final Order no. 41324-41330/2025} (24.11.2025) Read More »

Appeal permitted beyond limitation as only penalty on admitted tax was under challenge: HC { Tvl. Nagaraj Sellappan vs. State Tax Officer,  Namakkal [2025] 180 taxmann.com 341 (Madras)} Facts: Petitioner did not reply to SCN under Section 74 and an ex-parte order dated 20.03.2023 confirmed tax, interest and penalty. Petitioner later made voluntary payments and …

Judicial Corner: Appeal permitted beyond limitation as only penalty on admitted tax was under challenge: HC { Tvl. Nagaraj Sellappan vs. State Tax Officer, Namakkal [2025] 180 taxmann.com 341 (Madras)} (20.11.2025) Read More »

DGFT  DGFT, vide Notification No. 48/2025-26 dated17.11.2025, has amended the Import Policy under Chapter 71 of the ITC (HS) 2022, Schedule-I (Import Policy). The policy change specifically affects ITC (HS) Code 71131921 relating to articles “Of platinum — Unstudded”. The existing import status of this item, earlier classified as “Free”, has now been revised to …

DGFT: DGFT, vide Notification No. 48/2025-26 dated17.11.2025, has amended the Import Policy under Chapter 71 of the ITC (HS) 2022, Schedule-I (Import Policy). The policy change specifically affects ITC (HS) Code 71131921 relating to articles “Of platinum — Unstudded”. (20.11.2025) Read More »

Customs  CBIC, vide Notification No. 48/2025-Customs dated 14.11.2025, has introduced amendments to two earlier customs notifications in the public interest. The notification inserts a new entry in Notification No. 27/2011-Customs, granting full customs duty exemption (Nil rate) to Cane Molasses (HSN 1703 10 00). Further, amendments to Notification No. 45/2025-Customs revise the tariff headings under …

Customs: CBIC, vide Notification No. 48/2025-Customs dated 14.11.2025, has introduced amendments to two earlier customs notifications in the public interest. (20.11.2025) Read More »

Where technical error exists in e-way bill without discrepancy in goods or tax evasion intent, penalty under GST Act section 129(3) is unsustainable { Vishnu Singh vs. State of UP [2025] 172 taxmann.com 757 (Allahabad)}   Facts Petitioner: Proprietorship firm (Vishnu Singh) doing civil work contracts. While generating the e-way bill, the petitioner wrongly entered …

Judicial Corner: Where technical error exists in e-way bill without discrepancy in goods or tax evasion intent, penalty under GST Act section 129(3) is unsustainable { Vishnu Singh vs. State of UP [2025] 172 taxmann.com 757 (Allahabad)} (18.11.2025) Read More »

HC: SCN quashed for non-service within statutory three-month window as per sec. 73(2) technical glitch plea rejected {C.H. Robinson Worldwide Freight India (P.) Ltd. vs. Additional Commissioner, CGST-Delhi-South [2025] 180 taxmann.com 300 (Delhi)}   Facts The CGST department issued a Show Cause Notice dated 31 May 2024 to C.H. Robinson Worldwide Freight India Pvt. Ltd., …

Judicial Corner: HC: SCN quashed for non-service within statutory three-month window as per sec. 73(2) technical glitch plea rejected {C.H. Robinson Worldwide Freight India (P.) Ltd. vs. Additional Commissioner, CGST-Delhi-South [2025] 180 taxmann.com 300 (Delhi)} (17.11.2025) Read More »

HC- Adjudication set aside as ITC denial for GSTR-3B/2A mismatch ignored binding CBIC Circular{ Guru Mahesh Medicals vs. Assistant Commissioner of Commercial Taxes Good and Service Tax Office -240 [2025] 180 taxmann.com 224 (Karnataka)} Facts The petitioner (Guru Mahesh Medicals) claimed input tax credit under the GST regime for certain periods. The tax-authority (Assistant Commissioner …

Judicial Corner: HC- Adjudication set aside as ITC denial for GSTR-3B/2A mismatch ignored binding CBIC Circular{ Guru Mahesh Medicals vs. Assistant Commissioner of Commercial Taxes Good and Service Tax Office -240 [2025] 180 taxmann.com 224 (Karnataka)} (15.11.2025) Read More »