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Archive: January, 2026

Posts in January, 2026

Liquidator Cannot Recover Disputed Contractual Dues Under Insolvency Jurisdiction

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The issue was whether disputed receivables could be recovered through NCLT during liquidation. The tribunal held that uncrystallised contractual claims fall outside Section 60(5) of the IBC.

GST Clearance Certificate Issued by CA Not Acceptable when Tender Involves Services: Bombay HC

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The Court upheld rejection of a technical bid because the bidder submitted a GST clearance certificate issued by a private professional instead of the tax department. The ruling clarifies that statutory compliance certificates must come from competent government authorities when mandated by tender conditions.

Mechanical Dismissal of GST Appeal on Limitation Held Unsustainable: Rajasthan HC

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The High Court quashed dismissal of a GST appeal where the authority ignored the explanation for delayed filing. The ruling stresses reasoned consideration under Section 107(4) before rejecting appeals.

Smart-Card Pairing & Testing for Set-Top Boxes Is Job Work: Bombay HC Allows Cenvat Credit

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The court held that testing and pairing of smart cards with set-top boxes amounted to permissible processing under Cenvat rules, not requiring reversal of credit.

Pre-Consultation Mandatory Under Central Excise Law Unless Tax Evasion Intent Alleged

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The Madras High Court held that failure to follow the mandatory pre-consultative process before issuing show cause notices vitiates proceedings. Notices were set aside and matters remanded to the pre-consultation stage.

Section 68 Demonetisation Deposit Addition Deleted Due to Genuine Cash Sales Evidence

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The issue was whether cash deposited during demonetisation could be treated as unexplained. The Tribunal held that when sales are supported by available stock and recorded books, cash receipts from such sales cannot be added under Section 68.

Excise SSI Exemption cannot be Revived despite After Ownership Change Once Turnover Limit Crossed

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The Tribunal held that SSI concessional duty cannot be claimed where aggregate clearances in the preceding year exceeded the statutory limit. A change in manufacturer does not revive exemption eligibility for the same factory.

250 gm Gold Bar Confiscation Upheld for Green Channel Misuse: Delhi HC

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The court upheld confiscation of a 250 gm gold bar carried through the green channel without declaration. It ruled that misuse of the green channel and ineligibility under baggage rules justified absolute confiscation and penalty.

Worn Rolex Watch Held as Personal Effect, Customs Detention Set Aside

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The Court ruled that a worn wristwatch qualifies as a passenger’s personal effect under the Baggage Rules, 2016. Customs authorities were directed to release the detained watch as its seizure was held unsustainable.

Trust’s Accumulation Period Cannot Be Shortened Due to Prospective Section 11 Amendment

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The Tribunal held that amendments to Section 11 cannot retrospectively curtail the utilization window for earlier accumulations. Existing accumulations remain governed by the law in force at the time they were made.

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