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Archive: January, 2026

Posts in January, 2026

Criminal Contempt Ordered against GST Officer for Misleading Affidavit in GST Refund Case

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The High Court found that a GST appellate officer filed a misleading personal affidavit while defending a refund order. The ruling underscores that false or evasive statements to the Court can attract criminal contempt.

No Interest on Belated Excise Duty Where Credit Offsets Revenue Loss: Calcutta HC

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The court upheld waiver of interest on a confirmed excise duty demand, holding that revenue neutrality justified non-levy where no net loss to the exchequer occurred.

Proportionate Cenvat Credit Allowed in Principle for Services Spanning Taxable Period

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The issue was whether insurance-related Cenvat credit was admissible when the output service became taxable later. The tribunal allowed proportionate credit in principle but remanded the matter for factual verification.

Section 7 CIRP Petition Barred as Default Fell Within COVID-19 Period

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The Appellate Tribunal upheld dismissal of a CIRP application after finding that the creditor’s own pleadings fixed the default during the Section 10A exclusion period. The key takeaway is that insolvency proceedings are permanently barred for such defaults.

Bail Denied Due to Massive GST Evasion Through Online Gaming Routes

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The court refused bail after finding prima facie evidence of large-scale GST evasion through online gaming transactions. The ruling highlights that high-value tax fraud attracts strict non-bailable consequences.

Section 14A Disallowance Restricted as Interest-Free Funds Exceeded Investments

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The Tribunal upheld restriction of disallowance where interest-free funds were higher than tax-free investments. It reaffirmed that no interest disallowance arises in such circumstances.

CVD Liability on Wind Turbine Castings Clarified by CESTAT Chennai

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The Tribunal held that Countervailing Duty applies only to castings, even if they form part of sub-assemblies or components, and remitted the case for valuation of castings.

Seizure Challenge Rejected Due to Lack of Territorial Jurisdiction: Delhi HC

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The court held that seizures carried out and served in another state did not give rise to jurisdiction merely because testing and headquarters were in Delhi, directing parties to the appropriate High Court.

Section 14A Interest Disallowance Deleted Due to Availability of Interest-Free Funds

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The Tribunal held that when interest-free funds exceed exempt-income investments, no interest disallowance under Section 14A can be made. The ruling reinforces the presumption laid down by the Supreme Court.

Section 263 Revision Fails Due to Proper Inquiry by Assessing Officer: SC

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The courts held that when depreciation on goodwill is allowed after detailed examination, the assessment cannot be revised as erroneous. The key takeaway is that a plausible and informed assessment order bars revision under Section 263.

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