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Archive: January, 2026

Posts in January, 2026

Rule 46A Violation Rejected as All Documents Were Before AO: Chhattisgarh HC

January 15, 2026 348 Views 0 comment Print

The issue was whether the appellate authority relied on fresh evidence without following Rule 46A. The High Court upheld deletion of the addition, holding that all documents were already on record before the Assessing Officer.

ITC Blocking Beyond One Year Invalid Without Fresh Grounds: P&H HC

January 15, 2026 495 Views 0 comment Print

The Court examined whether ITC could remain blocked under Rule 86A beyond one year on the same allegations. It held that continuation or re-blocking without fresh grounds is impermissible, and the blocked credit must be released.

GST Order Invalid Where Final Demand Exceeded Proposed Amount: Allahabad HC

January 15, 2026 621 Views 0 comment Print

The High Court examined a GST demand raised beyond the amount mentioned in the show-cause notice. Holding it violative of Section 75(7), the Court quashed the demand and ordered fresh adjudication.

Bogus LTCG from Penny Stock Allegation Rejected for Genuine Long-Term Share Holding

January 15, 2026 543 Views 0 comment Print

The High Court upheld deletion of addition where the Assessing Officer relied on undisclosed information. The ruling reinforces that additions cannot be sustained without confronting the assessee with material evidence.

SC Upholds HC Relief as Assessment Was Set Aside for Violating Interim Stay; SLP Dismissed on Delay

January 15, 2026 297 Views 0 comment Print

SC dismissed SLP due to huge delay with costs. HC had quashed reassessment since it was issued despite stay on further proceedings.

Section 147 Reassessment Invalid: Order Passed Despite Stay on Further Proceedings

January 15, 2026 402 Views 0 comment Print

The Court set aside an assessment passed despite an existing stay order, holding that proceedings undertaken in violation of judicial restraint cannot stand.

Customs Duty Paid Under Protest Deductible in Year of Payment: ITAT Delhi

January 15, 2026 384 Views 0 comment Print

The Tribunal considered whether provisional customs duty payments qualify for deduction. It ruled that Section 43B permits deduction on payment basis regardless of later refunds.

Earlier-Year R&D Approval Claims Must Be Considered Despite Later Recognition: Delhi HC

January 15, 2026 288 Views 0 comment Print

The Court examined whether denial of R&D approval for earlier years was justified despite later recognition. It directed authorities to reconsider applications afresh, stressing that prior years cannot be ignored without proper reasoning.

IDS Liability: Self-Assessment Tax Must Be Adjusted; Form-4 Denial Arbitrary

January 15, 2026 318 Views 0 comment Print

The Court held that self-assessment tax paid due to failure of an initial IDS declaration must be treated as payment under the revived Scheme, preventing double taxation of the same income.

P&H HC Quashed GST Demand as Support Services Were Export, Not Intermediary Supply

January 15, 2026 2154 Views 0 comment Print

The judgment clarified that merely assisting a foreign entity does not amount to arranging supplies between third parties. Without such facilitation, intermediary provisions and related tax demands cannot be sustained.

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