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Archive: January, 2026

Posts in January, 2026

ITAT Mumbai Quashed Section 68 Addition Due to Evidence of Inherited Jewellery

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The issue was whether sale proceeds of inherited jewellery could be taxed as unexplained cash credits. The Tribunal held that valuation reports, affidavits, and banking records sufficiently explained the source, leading to deletion of the Section 68 addition.

Senior Citizen Gets Conditional Relief After GST Appeal Dismissed as Time-Barred

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The issue concerned dismissal of a GST appeal on limitation grounds. The Court allowed restoration of the appeal on merits, subject to payment of costs, considering the petitioner’s age and reliance on a consultant.

GST Demand Set Aside & ITC allowed After Supplier Filed Returns With Interest

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The issue involved denial of ITC due to supplier’s non-payment of tax. The Court set aside the demand and ordered fresh adjudication once tax compliance was completed.

Anticipatory Bail Granted Due to Documentary Nature of GST Investigation

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The Court held that allegations were based on documents already seized, making custodial interrogation unnecessary. Anticipatory bail was granted considering the nature of evidence and limited statutory punishment.

Duty Refund on Crude Soyabean Oil Imports Ordered as Policy Gap Cannot Deny TRQ Benefit

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The Court held that imports with bills of lading dated on or before 31 March 2023 were entitled to TRQ exemption despite later clearance. Refund of duty paid during the policy gap was directed.

Karnataka HC Orders DGFT Review of ₹1 Cr+ Duty Credit Scrip Claim

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The Court held that claims exceeding ₹1 crore under the Scheme cannot be rejected outright. Such claims must be examined with enhanced verification as expressly provided in the policy.

Tribunal Remand Becomes Infructuous Due to Expiry of Time Limit for Reassessment

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The case examined the effect of prolonged departmental inaction after a Tribunal remand. The Court ruled that since the statutory time limit had long lapsed, nothing survived for adjudication.

Writ Not Maintainable as Private Commercial Bank Is Not ‘State’ Under Article 12: Kerala HC

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The Court held that a private commercial bank is not amenable to writ jurisdiction under Article 226. The key takeaway is that disputes with private banks must be pursued before appropriate alternative forums.

GST Appeal Held Within Limitation Because Time Spent on Rectification Must Be Excluded

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The Court ruled that time spent pursuing a rectification application filed within time must be excluded while computing limitation for a GST appeal. The key takeaway is that bona fide rectification proceedings protect appellate rights.

Himachal HC Restricted Parallel GST Proceedings Due to Statutory Bar on Same Subject Matter

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The issue was whether Central GST could continue proceedings when State GST had already initiated action on the same issue. The High Court disposed of the petition by directing authorities to follow the Supreme Court’s guidelines to avoid parallel adjudication.

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