Daily Updates

Judicial Corner : Penalty for non-filling Part-B of e-way bill unsustainable as technical glitch and no intent to evade found (09.12.2025)

Penalty for non-filling Part-B of e-way bill unsustainable as technical glitch and no intent to evade found {Auto Industries vs. State of Up [2025] 181 taxmann.com 36 (Allahabad} Facts Petitioner, a GST-registered manufacturer, was transporting goods with proper tax invoices and other documents. However, Part-B of the e-way bill could not be updated due to …

Judicial Corner : Penalty for non-filling Part-B of e-way bill unsustainable as technical glitch and no intent to evade found (09.12.2025) Read More »

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)

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 »

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)

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 »

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)

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. (25.11.2025)

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. (25.11.2025)

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. (25.11.2025)

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 »

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)

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 »

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)

{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 »

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)

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”. (20.11.2025)

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. (20.11.2025)

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 »

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)

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 »

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)

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 »

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)

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 »

Judicial Corner: HC quashes SCN encompassing 2 tax periods & order passed by 2 different officers on same SCN { Emmanuel Constructions (P.) Ltd. vs. Principal Secretary to the Govt. Finance Department [2025] 180 taxmann.com 77 (Karnataka)} (12.11.2025)

HC quashes SCN encompassing 2 tax periods & order passed by 2 different officers on same SCN { Emmanuel Constructions (P.) Ltd. vs. Principal Secretary to the Govt. Finance Department [2025] 180 taxmann.com 77 (Karnataka)} Facts: A common show cause notice was issued to the assessee covering two different assessment periods, and based on this …

Judicial Corner: HC quashes SCN encompassing 2 tax periods & order passed by 2 different officers on same SCN { Emmanuel Constructions (P.) Ltd. vs. Principal Secretary to the Govt. Finance Department [2025] 180 taxmann.com 77 (Karnataka)} (12.11.2025) Read More »

Income Tax: The CBDT has issued Notification No. 159/2025 dated 07.11.2025, granting income-tax exemption under Section 10(46) of the Income-tax Act, 1961 to the Uttarakhand Building and Other Construction Workers Welfare Board, Dehradun.(12.11.2025)

Income Tax: The CBDT has issued Notification No. 159/2025 dated 07.11.2025, granting income-tax exemption under Section 10(46) of the Income-tax Act, 1961 to the Uttarakhand Building and Other Construction Workers Welfare Board, Dehradun. The exemption applies to income from registration fees, cess proceeds, and interest income, subject to the condition that the Board shall not …

Income Tax: The CBDT has issued Notification No. 159/2025 dated 07.11.2025, granting income-tax exemption under Section 10(46) of the Income-tax Act, 1961 to the Uttarakhand Building and Other Construction Workers Welfare Board, Dehradun.(12.11.2025) Read More »

Income Tax: The CBDT has issued Notification No. 158/2025 dated 07.11.2025, granting income-tax exemption under Section 10(46) of the Income-tax Act, 1961 to the Haryana Building and Other Construction Workers Welfare Board, Panchkula. (12.11.2025)

Income Tax The CBDT has issued Notification No. 158/2025 dated 07.11.2025, granting income-tax exemption under Section 10(46) of the Income-tax Act, 1961 to the Haryana Building and Other Construction Workers Welfare Board, Panchkula. The exemption covers registration fees, cess proceeds, and interest income, subject to conditions that the Board does not engage in commercial activities …

Income Tax: The CBDT has issued Notification No. 158/2025 dated 07.11.2025, granting income-tax exemption under Section 10(46) of the Income-tax Act, 1961 to the Haryana Building and Other Construction Workers Welfare Board, Panchkula. (12.11.2025) Read More »

MCA:Rule 11(2) of the Companies (Meetings of Board and its Powers) Rules, 2014 amended to clarify that the term “business of financing industrial enterprises” (12.11.2025)

MCA  Rule 11(2) of the Companies (Meetings of Board and its Powers) Rules, 2014 amended to clarify that the term “business of financing industrial enterprises” includes – For NBFCs (RBI-registered): giving loans or providing guarantees/security in the ordinary course of business. For Finance Companies (IFSCA-registered): activities under Regulation 5(1)(ii)(a) or (e) of the IFSCA (Finance …

MCA:Rule 11(2) of the Companies (Meetings of Board and its Powers) Rules, 2014 amended to clarify that the term “business of financing industrial enterprises” (12.11.2025) Read More »

DGFT: DGFT has issued Policy Circular No. 05/2025-26 dated 11.11.2025 clarifying the redemption of Advance Authorisations (AAs) affected by the erstwhile Rule 96(10) of the CGST Rules for imports made between 13.10.2017 and 09.01.2019. The clarification addresses difficulties faced by exporters and refers to previous amendments extending IGST and Compensation Cess exemption under the AA scheme.(12.11.2025)

DGFT DGFT has issued Policy Circular No. 05/2025-26 dated 11.11.2025 clarifying the redemption of Advance Authorisations (AAs) affected by the erstwhile Rule 96(10) of the CGST Rules for imports made between 13.10.2017 and 09.01.2019. The clarification addresses difficulties faced by exporters and refers to previous amendments extending IGST and Compensation Cess exemption under the AA …

DGFT: DGFT has issued Policy Circular No. 05/2025-26 dated 11.11.2025 clarifying the redemption of Advance Authorisations (AAs) affected by the erstwhile Rule 96(10) of the CGST Rules for imports made between 13.10.2017 and 09.01.2019. The clarification addresses difficulties faced by exporters and refers to previous amendments extending IGST and Compensation Cess exemption under the AA scheme.(12.11.2025) Read More »

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