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Archive: January, 2026

Posts in January, 2026

Relevant Date for MAT Loss Set-Off Is Prior Year-End, Not Assessment Year-End

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The Tribunal examined how brought-forward losses should be computed for MAT purposes. It held that losses as on the end of the preceding year must be considered, not figures altered during the assessment year.

Gold Chain Treated as Personal Effect, Customs Directed to Release Items

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The Court dealt with delay in implementation of a customs order directing release of seized gold. It ordered execution of the Order-in-Original within a fixed time and clarified duty and warehousing liability.

GST Registration Cancellation Quashed for Lack of Reasons and Application of Mind

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The High Court set aside a cancellation order that failed to address the taxpayer’s reply or record reasons. The ruling underscores that unreasoned orders cannot survive judicial scrutiny.

Wrong CGST/SGST Paid Instead of IGST: No Double Demand; Excess to be Adjusted/Refunded u/s 77

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The High Court set aside GST orders where IGST demand was raised despite tax being paid as CGST and SGST. The ruling directs fresh consideration and refund of excess tax, if any, under Section 77.

Addition Deleted as Allotment Letter Treated as Agreement Under Stamp Value Rules

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The Tribunal examined whether an allotment letter fixing consideration could qualify as an agreement under section 56(2)(vii)(b). It held that where part payment is made by cheque, stamp duty value on the allotment date must be adopted.

Seized Imported Goods Ordered for Provisional Release Pending Adjudication

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The High Court permitted conditional release of seized imports upon payment of enhanced duty and furnishing of a bank guarantee. It clarified that adjudication proceedings may continue independently.

Unsecured Loan Addition Deleted as No Incriminating Material Found during Search

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The Tribunal held that additions under Section 68 could not be sustained where no incriminating material was found during search. Documentary evidence proving the loan’s genuineness was accepted.

GST Demand Quashed as Data Management Services Held to Be Export of Services

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The High Court ruled that data management services provided to a foreign affiliate constitute export of services, with the place of supply outside India. GST demands raised by treating such services as intra-State supplies were set aside.

Auction Deposit Refund Allowed as Confiscated Cigarettes Could Not Be Released Under CBIC Circular: CESTAT Delhi

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The Tribunal held that deposits from an e-auction could not be forfeited where confiscated cigarettes failed to meet mandatory labelling laws. Since the goods were required to be destroyed, refund with interest was directed.

Discharge Denied Due to Prima Facie Conspiracy Evidence in Corruption Case

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The court held that documentary records, financial transactions, and surrounding circumstances disclosed a prima facie conspiracy, making discharge impermissible at the pre-trial stage.

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