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Archive: 04 February 2026

Posts in 04 February 2026

GST appeal refiled within CBIC amnesty period cannot be dismissed on limitation: Calcutta HC

February 4, 2026 288 Views 0 comment Print

The court held that an appeal refiled within the CBIC amnesty period could not be dismissed on limitation. The appellate order was set aside and the appeal restored for fresh consideration.

Section 74 GST Proceedings Invalid When Multiple Years Are Combined: Bombay HC

February 4, 2026 795 Views 0 comment Print

The court held that Section 74 of the CGST Act does not permit consolidated show cause notices for multiple financial years. Notices clubbing different tax periods were therefore set aside.

GST Refund Denied Due to Portal Glitch: Technical Grounds Rejected by Gujarat HC

February 4, 2026 558 Views 0 comment Print

The court held that a refund claim cannot be denied solely due to technical issues on the GST portal when substantive conditions are met. Authorities were directed to process the refund on merits.

Section 263 Cannot Replace AO’s View on Reopening Issues

February 4, 2026 477 Views 0 comment Print

The case involved a Section 263 revision alleging failure to make additions after reopening. The Tribunal ruled that once the AO conducts enquiry and takes a conscious decision, revision is impermissible.

Generic Client Code Modification Allegations Insufficient for Reopening: Delhi HC

February 4, 2026 1089 Views 0 comment Print

The appeal was dismissed as the assessee had already offered the disputed income to tax at 30%. The ruling clarifies that reassessment cannot survive when there is no loss of revenue or escaped income.

Kerala HC Quashed Building Tax Assessment for Failure to Refer Exemption Claim to Government

February 4, 2026 336 Views 0 comment Print

The High Court held that statutory authorities must mandatorily refer exemption claims under the Building Tax Act to the Government. Orders denying exemption without such reference were set aside.

IGST on Advance Authorisation Imports: SC to Examine Limits on Interest and Penalty

February 4, 2026 426 Views 0 comment Print

The courts held that interest and penalties on IGST imports cannot be imposed without explicit legal provision. Amendments granting such power apply only prospectively.

Old Trusts Must Get Regular U/s 12A Registration, Not Provisional

February 4, 2026 618 Views 0 comment Print

The case examined rejection of registration due to filing Form 10A instead of Form 10AB. The Tribunal held that clerical or procedural mistakes cannot defeat substantive entitlement of old trusts.

Customs Order Quashed for Being Non-Speaking on Advance Authorisation Import Exemption

February 4, 2026 207 Views 0 comment Print

The Court set aside confiscation and penalty because the authority failed to consider the importer’s claim of duty exemption under Special Advance Authorization. The key takeaway is that orders ignoring core submissions cannot stand.

4% SAD Refund Can’t Be Denied on Technicalities When CA Certificate Confirms No Unjust Enrichment

February 4, 2026 402 Views 0 comment Print

The Tribunal held that a refund claim filed within time cannot be rejected for procedural deficiencies cured later, and directed sanction of refund after considering revised documents.

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