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Archive: January, 2026

Posts in January, 2026

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

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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

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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

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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.

GST Registration Can’t Be Cancelled on Field Visit Without Panchanama & Independent Witnesses

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The Court set aside cancellation of GST registration after finding that it was based solely on an invalid field visit report without witnesses or proper procedure. The ruling emphasizes that unilateral inspections cannot justify cancellation.

Delhi HC Quashes GST Order Passed Without Reply of Taxpayer or Hearing

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The Delhi High Court quashed a GST adjudication order passed without the taxpayer filing a reply or being heard. The matter was remanded for fresh adjudication with an opportunity to respond, subject to conditions.

Reassessment Quashed for Lack of Assessee-Specific Evidence in Penny Stock Case

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The Tribunal held that reopening based only on generalized information about a scrip, without independent inquiry or linkage to the taxpayer, is invalid. Entire addition on alleged bogus LTCG was deleted.

GST Refund Right Cannot Be Curtailed Retrospectively by Amendment: J&K&L HC

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The Court held that refund rights accrued before the 2019 amendment to Section 54 cannot be taken away retrospectively. The key takeaway is that limitation changes cannot extinguish vested GST refund rights.

HP HC Stayed Reassessment as Validity of Section 148 Notices Pending Before SC

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The High Court stayed reassessment proceedings after noting that the legality of Section 148 notices is under consideration before the Supreme Court. The key takeaway is that proceedings must await the apex court’s final ruling.

Accounts Resignations in Remote Location is Genuine reason for ITR Filing Delay: Orissa HC

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The court held that repeated resignation of key accounts staff constituted genuine hardship. Rejection of delay condonation under Section 119(2)(b) was set aside, directing acceptance of the belated return.

Penetrating Oil Not Diesel Without Proof; CESTAT Set Aside Higher Duty Demand

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The Tribunal set aside reclassification of imported penetrating oil as adulterated diesel. It held that failure to meet diesel BIS standards and lack of proof of adulteration defeated the Revenue’s case.

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