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Archive: January, 2026

Posts in January, 2026

Gujarat HC Deleted Penny Stock Addition Due to Lack of Adverse Evidence

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The High Court upheld deletion of additions where share sale transactions were supported by contract notes, demat records, and bank statements, and no contrary evidence was found.

Textile Committee Cess Invalid as Dyeing Is Not “Manufacture”: P&H HC

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The High Court held that independent dyeing and processing do not amount to manufacture under the Textile Committee Act. Cess demands were quashed for lack of statutory basis and limitation.

Cheating Charge Quashed as Payment Assurance Lacked Fraudulent Intent: Delhi HC

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The Court held that an assurance of payment given during routine business dealings does not amount to cheating without proof of dishonest intent at inception. Since the dispute was purely commercial and partial payments were made, criminal charges were quashed.

Composite GST SCN for Multiple Tax Periods is Invalid: Karnataka HC

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The High Court ruled that clubbing several tax periods into one GST show cause notice is illegal. All proceedings based on such a consolidated notice were quashed, with liberty given to restart proceedings lawfully.

Works Contract for Electricity Transmission not liable to Service Tax: CESTAT Kolkata

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CESTAT Kolkata held that works contract services connected with transmission or distribution of electricity fall under the negative list and are not liable to service tax.

Madras HC Put on Hold Customs Seizure Over Wheat Flour vs Gluten Classification Issue

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The High Court restrained seizure of perishable goods where prior rulings treated vital wheat gluten and wheat flour as identical. Authorities were directed to decide the issue after personal hearing.

Writ Jurisdiction Cannot Override GST Appeal Limitation Period: Gujarat HC

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The High Court upheld dismissal of a GST appeal filed six days late, holding that neither appellate authorities nor writ courts can condone delay beyond the maximum period set by law.

Delay Not Condoned in Share Transfer Case: NCLAT Holds Section 14 Inapplicable After Civil Suit Dismissal

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The appellate tribunal upheld dismissal of a belated company appeal, holding that limitation ran from the date the appellant admitted knowledge of the transfer. Time spent in a prior civil suit could not be excluded, and the appeal remained time-barred.

Cart Before Horse: Uttarakhand HC Quashes GST Order as Hearing Preceded Reply Deadline

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The High Court examined whether a personal hearing could be fixed before the last date for filing a reply to a GST show cause notice. It held that such a procedure violates the statutory scheme and remitted the matter for fresh consideration.

Bihar Excise Act: Patna HC Cuts Penalty to 30% for Release of Rental Car Seized With Liquor

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The Patna High Court reduced the penalty for release of a seized rental car from 50% to 30% of insured value, noting the owner was not an accused and the vehicle was leased out.

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