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Archive: January, 2026

Posts in January, 2026

Technical Lapse in E-Filing Cannot Deny Statutory Benefit: Karnataka HC

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The Court examined rejection of condonation for delayed e-filing despite acceptance of related delays. It ruled that authorities must consider genuine hardship and cannot deny relief on a purely technical ground.

Reassessment Notices Beyond Surviving Time Quashed by High Court

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The issue was whether reassessment notices issued after the permissible surviving period were valid. The Court held they were time-barred and quashed them, reinforcing strict adherence to limitation rules.

Private Complaints Barred for Company Fraud Without SFIO Approval

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The issue was whether courts can take cognizance of company fraud offences on a private complaint. The Supreme Court held that offences linked to fraud punishment require an SFIO or authorised government complaint, reinforcing statutory safeguards.

Order suspending customs broker license quashed as timelines not adhered by revenue authorities

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CESTAT Chandigarh held that suspension of customs broker license is liable to be quashed since timelines to be adhered by the officers while suspending or revoking the license of the Customs Broker as prescribed under CBLR, 2018 are not followed.

Section 269SS Inapplicable to One-Time Cash Payment on Sale Deed: ITAT Chandigarh

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The ruling clarifies that specified sum under section 269SS refers to advances linked to property transfers. Cash received as final consideration at registration cannot trigger penalty under section 271D.

Unexplained Jewellery Addition Scaled Down on Human Probability

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The Tribunal applied common sense to accept that some jewellery belonged to visiting relatives. It granted partial deletion, stressing that complete relief requires corroborative evidence.

Employee Not Liable for Employer’s Failure to Deposit Salary TDS: ITAT Patna

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The tribunal rejected demand raised solely due to Form 26AS mismatch caused by employer non-deposit of TDS. The key principle is that employees cannot be penalised for failures beyond their control.

Writ Rejected as GST Overlap between State & Center Requires Factual Examination: Allahabad HC

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The Court held that alleged overlap between State and Central GST proceedings involves factual scrutiny, not a pure legal issue. Taxpayers must pursue statutory appeals instead of writ remedies.

ITC Denial Quashed Because Toll Receipts Are Not Mandatory Under GST

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The court ruled that absence of toll plaza receipts cannot justify denial of ITC when invoices, e-way bills, GST returns, and bank payments prove genuine transactions. 

Why High Courts Cannot Revisit Facts Under Income Tax Section 260A

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The issue is when High Courts can entertain appeals against ITAT orders. The key takeaway is that only debatable, material legal questions—not factual disputes—permit appellate scrutiny.

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