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Archive: January, 2026

Posts in January, 2026

Interim Relief Granted Against Reassessment Issued Without Considering Reply

January 28, 2026 144 Views 0 comment Print

The Court found a prima facie case that reassessment was initiated without considering detailed explanations already on record. Interim protection was granted pending further hearing.

Interactive Flat Panel classified under CTH 8471 and its parts under CTH 8473

January 28, 2026 186 Views 0 comment Print

CESTAT Chennai held that interactive flat panel is classified under CTH 8471 and their parts under CTH 8473 since revenue has not succeeded in discharging its burden. Accordingly, appeal is allowed and order is set aside.

Criminal proceedings against executive officer acting as quasi judicial authority is untenable

January 28, 2026 114 Views 0 comment Print

Patna High Court held that Executive Officer acting as a quasi judicial authority would fall within the ambit of the term Judge under Judges (Protection) Act, 1985 hence shielded and accordingly, no civil or criminal proceedings can be initiated.

Delhi HC Allowed GST ITC Refund as Services Not Intermediary but Exported

January 28, 2026 411 Views 0 comment Print

Authorities erred in treating direct consultancy services as intermediary supplies. The ruling confirms refunds where the supplier provides the main service on its own account.

GST-Linked Forgery Case: Bail Allowed Custodial Interrogation Found Unnecessary

January 28, 2026 2868 Views 0 comment Print

llegations of forged invoices and wrongful ITC claims did not justify custodial interrogation. The court extended anticipatory bail with strict conditions.

No IPC Trial for GST Offences Covered by Special Statute: P&H HC

January 28, 2026 216 Views 0 comment Print

The court held that GST laws form a complete code for tax evasion offences. Parallel prosecution under the IPC was quashed to prevent double jeopardy.

GST Penalty Notice Invalid Where Jurisdiction Not Clearly Established: AP HC

January 28, 2026 216 Views 0 comment Print

The High Court quashed a Section 122 show cause notice due to jurisdictional issues. The ruling allows the department to issue a fresh notice in accordance with law.

GST Show Cause Notice Questioned for Being Issued by Wrong Authority

January 28, 2026 174 Views 0 comment Print

The court flagged a conflict between circular instructions and ground-level officer availability. Final orders cannot be enforced without court approval.

GST Adjudication Upheld as Proper Officer Was Validly Empowered

January 28, 2026 132 Views 0 comment Print

The court held that the Deputy Commissioner had valid jurisdiction under Section 74 due to lawful sub-delegation by the Commissioner. The key takeaway is that administrative orders can validly assign GST adjudicatory functions.

Delhi HC Quashed Reassessment Notice as Time-Barred for Crossing Ten-Year Limit

January 28, 2026 225 Views 0 comment Print

Reassessment was struck down as no satisfaction note by the searched person’s AO was shown. The ruling reiterates that limitation cannot be bypassed through procedural shortcuts.

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