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Archive: 23 January 2026

Posts in 23 January 2026

Calcutta HC Set Aside Ocean Freight IGST Demand as SC Ruling Applied Retrospectively

January 23, 2026 762 Views 0 comment Print

The Court held that IGST on ocean freight under reverse charge was not payable even for pre-2023 periods. The key takeaway is that the Mohit Minerals ruling applies retrospectively.

Madras HC Quashed GST Assessment for Clubbing Multiple Financial Years in One Order

January 23, 2026 750 Views 0 comment Print

The Court held that issuing a single assessment covering several financial years is without jurisdiction. The order was quashed, reaffirming that GST proceedings must be initiated separately for each financial year.

Bombay HC Quashed Section 74 GST SCN for Clubbing Multiple Tax Periods

January 23, 2026 1053 Views 0 comment Print

The court examined whether a single notice could cover several financial years under GST law. It held that consolidation of multiple tax periods under Section 74 is impermissible.

P&H HC Denied Anticipatory Bail Due to Alleged Fake ITC Circulation

January 23, 2026 1317 Views 0 comment Print

The court examined allegations of large-scale fraudulent availment and circulation of ITC without actual supply. Anticipatory bail was refused, holding that serious allegations and an ongoing investigation justified custodial inquiry.

Section 7 Admission Upheld as Multiple Instalment Defaults Cross IBC Threshold

January 23, 2026 5484 Views 0 comment Print

The issue was whether default was limited to a single instalment below the threshold. The tribunal held that continued defaults across multiple instalments and recall of the loan justified admission of the insolvency application.

Prosecution, Arrest and Bail in GST

January 23, 2026 1266 Views 0 comment Print

Examines how courts scrutinized GST arrests and bail where tax evasion was inflated through extrapolation. Key takeaway: evidence-based figures matter more than assumptions.

How Does Section 74A Change GST Penalty Calculations Compared To Old Law

January 23, 2026 1959 Views 0 comment Print

Explains how Section 74A reshapes GST penalty computation under a unified framework. Key takeaway: penalty rates remain similar, but timelines and flexibility are significantly improved.

PCIT-263 Upheld for Inadequate Inquiry in Search Assessment: ITAT Mumbai

January 23, 2026 246 Views 0 comment Print

The issue was whether revision under Section 263 was valid when the Assessing Officer accepted returns without proper inquiry after a search. The Tribunal upheld revision, holding that lack of meaningful verification made the assessment erroneous and prejudicial to revenue.

Section 69C Not Invokable: ITAT Mumbai Dismisses Revenue Appeal in Bogus 80GGC Case

January 23, 2026 675 Views 0 comment Print

The issue was whether alleged commission on bogus donations could be taxed as unexplained expenditure. The Tribunal held that once the donation amount itself is offered to tax, the source stands explained and Section 69C cannot be invoked.

GST Exemption on Leasing of Residential Property Used as Hostels: SC Settles Law

January 23, 2026 1161 Views 0 comment Print

The issue was whether leasing a residential property to a company defeats GST exemption. The key takeaway is that exemption depends on residential use, not who the lessee is.

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