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Archive: 05 February 2026

Posts in 05 February 2026

Excess Income Tax Refund Set-Off Against Disputed Penalty Impermissible: Bombay HC

February 5, 2026 1911 Views 0 comment Print

The Court held that adjusting refunds beyond 20% of a disputed penalty during a pending appeal violates CBDT instructions and ordered refund of the excess amount.

Madras HC Quashed Customs Authority’s Objection on F-Card Jurisdiction for Lack of Legal Basis

February 5, 2026 345 Views 0 comment Print

The court held that restricting an F-card holder to a single customs jurisdiction lacked legal authority and set aside the objection, while requiring compliance with other listed deficiencies.

Exemption Under Section 10(26AAA) Allowed as Sikkim Old Settler Status Recognised

February 5, 2026 879 Views 0 comment Print

The case addressed addition of a large gift treated as unexplained cash credit. The Tribunal remanded the matter after admitting additional evidence showing the donor’s identity, relationship, and financial capacity.

Delhi HC Quashed Ex Parte GST Demand Due to Notice Uploaded in Inaccessible Portal Tab

February 5, 2026 447 Views 0 comment Print

The High Court quashed a tax order after finding that the show cause notice was not validly served through the GST portal. The ruling underscores that lack of effective service vitiates adjudication.

₹1.38 Cr Unaccounted Profit Addition Remanded Due to Non-Speaking Appellate Order

February 5, 2026 216 Views 0 comment Print

The Tribunal set aside an appellate order confirming a ₹1.38 crore addition after finding that it lacked merit-based reasoning. The case was remanded for fresh adjudication with a speaking order.

Security Cheque Not a Shield Against Prosecution Under NI Act: P&H HC

February 5, 2026 1233 Views 0 comment Print

The High Court examined whether proceedings under Section 138 NI Act could be quashed on the plea that cheques were issued as security. It held that such a defence involves disputed facts and must be tested at trial.

P&H HC Dismissed Appeal for Failure to Furnish Statutory Pre-Deposit under HVAT Act

February 5, 2026 540 Views 0 comment Print

The High Court declined to waive the mandatory pre-deposit requirement for entertaining a VAT appeal. It held that financial hardship was not established and statutory conditions under the HVAT Act must be complied with.

Education Consultancy to Foreign Universities Is Export of Services, Not Intermediary: SC

February 5, 2026 1449 Views 0 comment Print

The issue was whether commissions from foreign universities attract GST as intermediary services. The court held that principal-to-principal consultancy services qualify as export, entitling refund.

SC Dismisses GST Refund Challenge for 676 Day Delay and No Merit

February 5, 2026 675 Views 0 comment Print

The SC rejected the State’s challenge citing an unexplained 676-day delay and found no reason to interfere with the High Court’s refund order. The High Court’s direction to process the original refund claim remained effective.

GST Refund Cannot Be Denied Without Valid Rejection Order: Jharkhand HC

February 5, 2026 1632 Views 0 comment Print

The High Court held that contradictory portal communications and missing rejection orders cannot defeat a refund claim. The original refund application was ordered to be honoured with interest.

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