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Archive: 11 January 2026

Posts in 11 January 2026

Order Set Aside for Reconsideration Over Overlapping ITC Disallowance

January 11, 2026 237 Views 0 comment Print

The court found a prima facie overlap between excess ITC due to non-reconciliation and ITC disallowed under Section 16(4), directing partial pre-deposit and fresh adjudication.

GST Recovery Reopened for Fresh Decision Due to Overlapping Proceedings

January 11, 2026 633 Views 0 comment Print

The High Court found prima facie overlap between two assessment proceedings for the same tax period. The demand was remitted for fresh consideration after allowing the taxpayer to file a reply.

Bombay HC Quashed GST Orders Due to Reliance on Repealed Rule 96(10)

January 11, 2026 498 Views 0 comment Print

The Bombay High Court set aside GST orders as they were based solely on Rule 96(10), which was omitted without a saving clause, and remanded no further action under that rule.

Transfer Pricing Adjustment Deleted for Cost-to-Cost Reimbursements: ITAT Chennai

January 11, 2026 477 Views 0 comment Print

The Tribunal held that mere facilitation of third-party payments to an associated enterprise does not constitute a service. As no value addition was involved, applying a markup on reimbursements was found unsustainable.

Madras HC Restored GST Registration Due to Ill-Health & Financial Hardship

January 11, 2026 306 Views 0 comment Print

The Court restored GST registration after accepting that non-filing of returns for six months was caused by genuine illness and financial constraints. Restoration was granted subject to strict compliance conditions.

DART Kolkata Set Aside DRT Order for Ignoring Proof of Statutory Sale Notice Service

January 11, 2026 207 Views 0 comment Print

The appellate tribunal held that the bank had duly served, published, and affixed the sale notice as required under Rule 8(6). It ruled that the DRT erred in cancelling the auction despite full statutory compliance.

Interest on Auction Refund Upheld Due to Bank’s Procedural Lapses: DART Kolkata

January 11, 2026 234 Views 0 comment Print

The appellate tribunal upheld the award of 9% interest on refund to an auction purchaser, holding that statutory violations by the bank’s authorised officer justified compensation despite a no-interest clause.

Delay in Passing Section 14 Order Not Ground to Stop SARFAESI Action: DART Kolkata

January 11, 2026 237 Views 0 comment Print

The appellate tribunal held that the magistrate had lawfully exercised powers under Section 14 after considering the statutory affidavit. The DRT’s restraint on recovery action was found to be contrary to law and was set aside.

Transfer Pricing Appeal Dismissed Due to Functional Dissimilarity of Comparables

January 11, 2026 252 Views 0 comment Print

The Delhi High Court upheld exclusion of multiple comparables after finding them functionally different from a low-risk investment advisory service provider. It held that such findings were factual and did not raise any substantial question of law.

Accountant Illness & Business Closure Not Valid Grounds to Extend GST Limitation

January 11, 2026 543 Views 0 comment Print

The court held that an appeal filed beyond the maximum condonable period under GST law cannot be entertained, and writ jurisdiction cannot be used to override statutory timelines.

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