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Archive: January, 2026

Posts in January, 2026

DRAT Dismisses Appeal: Bill Acceptors Liable Jointly with Borrower; Ex-Parte DRT Decree Upheld

January 12, 2026 204 Views 0 comment Print

The appellate tribunal upheld joint liability where accepted bills remained unpaid and the appellants failed to rebut the bank’s evidence. The ruling confirms that unchallenged documentary claims can sustain recovery orders.

Goods to Be Released Under GST S.129 Despite Delay in Penalty Payment as No Confiscation Action Taken: AP HC

January 12, 2026 366 Views 0 comment Print

High Court held that goods and conveyance detained under GST must be released once penalty is paid, where authorities failed to initiate confiscation after statutory period. Mere delay in payment did not justify continued detention.

Recovery Stayed in Challenge to GST Time-Limit Extension Notifications; Partial Deposit Ordered

January 12, 2026 327 Views 0 comment Print

The Court admitted the writ challenging GST orders where proceedings were initiated beyond the prescribed period. Recovery was stayed subject to a 10% deposit, highlighting limits on delayed adjudication.

DEPB Not Excludable from Gross Profit for Business Income; ITAT Deletes Addition

January 12, 2026 246 Views 0 comment Print

The Tribunal held that DEPB income forms part of operating export income and cannot be excluded from turnover merely on a different view. Revision under section 263 was found unjustified where the original assessment involved due application of mind.

Patna HC reduces Excise Penalty from 90% to 10% as Disproportionate to Insured Value

January 12, 2026 225 Views 0 comment Print

The court found that a penalty amounting to nearly 90% of the vehicle’s insured value was excessive. It ruled that only the minimum penalty under the excise rules was justified.

Wrong Classification Alone Insufficient to Invoke Customs Section 111(o) Without Exemption Breach

January 12, 2026 486 Views 0 comment Print

The Tribunal upheld reclassification and duty recovery but ruled that section 111(o) applies only where exemption conditions are breached. Mere ineligibility to exemption due to wrong classification cannot justify confiscation or penalty.

GST Penalty Notice Set Aside for Lack of Clear Section 122 Jurisdiction: AP HC

January 12, 2026 900 Views 0 comment Print

The High Court quashed a penalty show cause notice issued under Section 122, holding that jurisdiction cannot be assumed merely on the basis of a general notification. Fresh proceedings were permitted in accordance with law.

Income Tax Refund Adjustment Barred When Tax Demand Stayed U/s. 220(6): Calcutta HC

January 12, 2026 8901 Views 0 comment Print

The High Court held that refunds cannot be adjusted against a demand already stayed by the Assessing Officer. It directed refund of amounts adjusted despite the assessee being treated as not in default.

Calcutta HC to hear Adjudication Under GST for Denial of Seized Material Copies

January 12, 2026 390 Views 0 comment Print

The court examined allegations that an order under Section 74 was passed without supplying seized documents or digital material. The matter was adjourned for the State to clarify whether such copies could be provided.

Calcutta HC Stayed GST Recovery as Interest Was Already Paid in Cash Ledger

January 12, 2026 402 Views 0 comment Print

The issue was whether further GST recovery could be initiated after interest had already been paid. The High Court granted interim protection, restraining recovery on finding a prima facie case based on prior payment.

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