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Archive: January, 2026

Posts in January, 2026

GST Registration Restorable despite Six-Month Default Once Returns Are Filed: Gauhati HC

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The Court ruled that GST registration cancelled for six months’ non-filing need not be final where the taxpayer later files returns and pays dues. Authorities must consider restoration applications made within the time granted by the Court.

NCLT-Approved Settlement Not Overrides PMLA Attachments or Prosecutions: Bombay HC

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The Court noted NCLT approval of a settlement scheme but held that existing attachment orders under PMLA would continue unless modified by competent authorities.

NCLT Rejection of Resolution Plan Appealable Under IBC Framework: Kerala HC

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The Court examined whether an order rejecting a resolution plan could be appealed under the IBC. It held that appeals lie against both approval and rejection orders, directing parties to approach NCLAT instead of invoking writ jurisdiction.

Bank Attachment Quashed After Assessee Agrees to 10% Pre-Deposit Under GST

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The Court held that recovery proceedings, including bank attachment, must be lifted once the statutory 10% disputed tax is deposited. The ruling clarifies that such deposit results in a deemed stay under GST law.

Electronic GST Appeal Valid Despite Non Submission of Hard Copy: HC

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The Court examined whether an electronically filed GST appeal could be rejected for non-submission of a hard copy. It held that such rejection was unsustainable under Rule 108 and remanded the matter for decision on merits.

Section 11 Tax Exemption Upheld as Development Authority Activities Not Commercial

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The Tribunal ruled that statutory urban development functions do not amount to trade or business. Fees and grants received under statutory mandate were held eligible for exemption.

Calcutta HC Refused Mandamus as SEZ Tax Exemption Issue Is Pending Before SC

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The issue was whether the Court could direct issuance of a tax clarification for an SEZ unit. The Court held that no such direction could be given while the core issue is pending before the Supreme Court.

Bombay HC Released ₹84 Crore Deposit Due to NCLT-Approved Settlement Scheme

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The Court considered whether funds deposited pursuant to earlier orders could be transferred under a sanctioned settlement scheme. Holding that the NCLT-approved scheme facilitated creditor settlement without overriding criminal proceedings, the Court directed transfer of the deposit to the settlement account.

Ignorance of Tax Law Not a Genuine Ground for Late Return Condonation: Delhi HC

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The issue concerned condonation of delay in filing an ITR under Section 119(2)(b). The court upheld rejection, holding that ignorance of law and general reasons do not amount to genuine hardship.

Delhi HC Quashed Reassessment Due to Vague Section 148A Show Cause Notices

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The Delhi High Court held that reassessment proceedings cannot proceed on vague notices lacking reasons for alleged escapement of income. Orders under Section 148A(3) and notices under Section 148 were set aside and remanded for fresh consideration.

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