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Archive: 11 January 2026

Posts in 11 January 2026

Anticipatory Bail Granted Due to Documentary Nature of GST Investigation

January 11, 2026 348 Views 0 comment Print

The Court held that allegations were based on documents already seized, making custodial interrogation unnecessary. Anticipatory bail was granted considering the nature of evidence and limited statutory punishment.

Duty Refund on Crude Soyabean Oil Imports Ordered as Policy Gap Cannot Deny TRQ Benefit

January 11, 2026 231 Views 0 comment Print

The Court held that imports with bills of lading dated on or before 31 March 2023 were entitled to TRQ exemption despite later clearance. Refund of duty paid during the policy gap was directed.

Karnataka HC Orders DGFT Review of ₹1 Cr+ Duty Credit Scrip Claim

January 11, 2026 270 Views 0 comment Print

The Court held that claims exceeding ₹1 crore under the Scheme cannot be rejected outright. Such claims must be examined with enhanced verification as expressly provided in the policy.

Tribunal Remand Becomes Infructuous Due to Expiry of Time Limit for Reassessment

January 11, 2026 291 Views 0 comment Print

The case examined the effect of prolonged departmental inaction after a Tribunal remand. The Court ruled that since the statutory time limit had long lapsed, nothing survived for adjudication.

Writ Not Maintainable as Private Commercial Bank Is Not ‘State’ Under Article 12: Kerala HC

January 11, 2026 381 Views 0 comment Print

The Court held that a private commercial bank is not amenable to writ jurisdiction under Article 226. The key takeaway is that disputes with private banks must be pursued before appropriate alternative forums.

GST Appeal Held Within Limitation Because Time Spent on Rectification Must Be Excluded

January 11, 2026 726 Views 0 comment Print

The Court ruled that time spent pursuing a rectification application filed within time must be excluded while computing limitation for a GST appeal. The key takeaway is that bona fide rectification proceedings protect appellate rights.

Himachal HC Restricted Parallel GST Proceedings Due to Statutory Bar on Same Subject Matter

January 11, 2026 396 Views 0 comment Print

The issue was whether Central GST could continue proceedings when State GST had already initiated action on the same issue. The High Court disposed of the petition by directing authorities to follow the Supreme Court’s guidelines to avoid parallel adjudication.

Demand Notice Valid Despite Missing Default Date in Invoice-Based Claims: NCLAT Chennai

January 11, 2026 348 Views 0 comment Print

The issue was whether absence of a default date invalidates an invoice-based demand notice. NCLAT held that Form-4 notices do not require a specific default date and restored the insolvency application.

Bombay HC Declines to Quash ACB Summons as Matter was at Enquiry Stage

January 11, 2026 153 Views 0 comment Print

The issue concerned summons issued during an ongoing enquiry into a complaint. The High Court held that no intervention was required while the enquiry was in progress.

Rectification Order Invalid as CPC Didn’t Issue Prior Intimation for Defective Form 3CD: Madras HC

January 11, 2026 327 Views 0 comment Print

The Court found that intimations under Sections 143(1) and 154(3) were not communicated due to technical reasons. The matter was remitted for fresh consideration after a revised audit report was filed.

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