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Archive: 05 January 2026

Posts in 05 January 2026

IBBI Launches Revised Forms for the Liquidation Process

January 5, 2026 300 Views 0 comment Print

The issue was duplication and time-consuming reporting in liquidation filings. The revised forms streamline disclosures and enable auto-population to ease compliance.

SEZ Reorganization Rules Clarified for IFSC Units

January 5, 2026 411 Views 0 comment Print

The issue concerned regulatory handling of restructuring in IFSC units. The instruction clarifies that IFSCA will intimate SEZ authorities to ensure compliance under SEZ law.

Adjustment of Tax Liability or Refund through GST Credit Note

January 5, 2026 1800 Views 0 comment Print

Explains the legal situations where suppliers can correct excess GST through credit notes. Highlights that reduction in tax liability is conditional on timelines, ITC reversal, and absence of unjust enrichment.

Delhi HC Holds Premature Issuance of SCN Violates Natural Justice under CGST Act

January 5, 2026 537 Views 0 comment Print

The Court ruled that issuing an SCN before the pre-SCN reply period expires violates natural justice. The key takeaway is that authorities must allow the full reply window before initiating adjudication.

Legality of Initiation and Adjudication of Penalty Proceedings under Section 122 of CGST Act, 2017 – A Critical Examination

January 5, 2026 1278 Views 0 comment Print

The issue was whether penalties under Section 122 can be initiated independently. Courts have allowed departmental action when linked to substantive proceedings, but the statutory basis remains debated.

EV Inverter Classified Under Chapter 85 Due to Exclusion from Motor Vehicle Parts: CAAR

January 5, 2026 291 Views 0 comment Print

The issue was whether inverter components used in electric vehicles could be treated as motor vehicle parts. CAAR ruled that electrical machinery is excluded from Chapter 87, confirming classification under Chapter 85.

Micronutrient Fertilizer Classified Under CTH 3824 as Phosphorus Not an Essential Constituent: CAAR

January 5, 2026 426 Views 0 comment Print

CAAR held that a magnesium- and zinc-based micronutrient product cannot be treated as “other fertilizer” under Chapter 31 since phosphorus was present only in insignificant quantity.

SC Upholds GST Penalty for Wilful Non-Filing of Monthly Returns

January 5, 2026 696 Views 0 comment Print

The issue was whether Section 74 penalties apply when tax is paid later but monthly returns were not filed. SC upheld that wilful suppression through non-filing justifies penalty despite subsequent payment.

Demonetisation Cash Routing Triggers Benami Action Despite RTGS Transfers

January 5, 2026 330 Views 0 comment Print

The Tribunal examined whether failure to separately communicate reasons under Section 24(1) invalidates benami proceedings. It ruled that reasons embedded in the show cause notice itself are sufficient, affirming that procedural compliance was met and attachment was valid.

Charitable Exemption Denial Quashed Due to Correctable ITR Mistakes

January 5, 2026 534 Views 0 comment Print

The issue was whether exemption under Section 11 could be denied solely due to wrong data punching. The court ruled that inadvertent human errors cannot defeat a lawful exemption

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