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Archive: 25 February 2026

Posts in 25 February 2026

P&H HC Grants Bail as Alleged GST Evasion Lacks Specific Fraud Mention in Arrest Memo

February 25, 2026 477 Views 0 comment Print

The High Court granted regular bail in a GST evasion case, noting that the arrest memo did not specifically allege fraud or intentional evasion. The offences were triable by a Magistrate with a maximum five-year sentence.

Reassessment Quashed as Escaped Income Below ₹50 Lakh Threshold: ITAT Mumbai

February 25, 2026 546 Views 0 comment Print

The Tribunal held that reopening beyond three years was invalid since the alleged escaped income, after considering bank loan evidence, was below ₹50 lakh. The notice under section 148 and final assessment were quashed as time-barred.

12AB Registration Rejection Set Aside Due to Denial of Opportunity to Furnish Documents

February 25, 2026 423 Views 0 comment Print

Arulcheyal Kainkarrya Sabha Vs CIT (Exemptions) (ITAT Chennai) The appeals before the Income Tax Appellate Tribunal (ITAT), Chennai, arose from the order dated 22.09.2025 passed by the Commissioner of Income Tax (Exemptions) [CIT(E)], Chennai, rejecting the assessee trust’s applications for registration under Sections 12AB and 80G of the Income Tax Act, 1961. The assessee is […]

Madras HC Remits GST Demand Case Due to Dispute Over Reversal & Place of Supply Rectification

February 25, 2026 342 Views 0 comment Print

The Madras High Court remitted a GST demand matter for fresh adjudication after rectification of place of supply and dispute over tax reversal. The Court directed full pre-deposit of admitted and disputed tax before reconsideration.

Unrealized MTM Loss on Benchmark Linked Debentures Allowed as Deductible Expense

February 25, 2026 264 Views 0 comment Print

ITAT Mumbai held that fair valuation loss on principal-protected debentures linked to NIFTY Index is not a contingent liability. The loss was allowed as expenditure under Section 37(1).

Kerala HC Quashes ITC Rejection as Section 16(5) Overrides Section 16(4) Time Limit

February 25, 2026 474 Views 0 comment Print

The High Court held that the benefit under Section 16(5) of the CGST Act prevails over Section 16(4), quashing an order rejecting ITC due to delayed return filing.

GST Refund Denials Set Aside as Repealed Rules Cannot Survive Without Saving Clause

February 25, 2026 330 Views 0 comment Print

The Court held that deletion of Rule 96(10) and Rule 89(4B) without a saving clause renders them inapplicable to all pending cases. Refund rejections and related proceedings not finalized as on 8 October 2024 were declared lapsed.

Assessment Order Set Aside for Lack of Personal Hearing Despite Upload on GST Portal

February 25, 2026 261 Views 0 comment Print

The Madras High Court held that passing an ex parte GST assessment order without granting personal hearing was unsustainable. The matter was remanded subject to payment of 25% of the disputed tax.

GST Registration Cancellation Does Not Erase Past Tax Liability: Telangana HC

February 25, 2026 405 Views 0 comment Print

The Court held that voluntary cancellation of GST registration does not wipe out liabilities for earlier tax periods. It upheld tax and penalty imposed for 2018-19 due to non-response to notices.

Karnataka HC Quashes GST Order as Single SCN Covered Multiple Financial Years

February 25, 2026 561 Views 0 comment Print

The Court held that clubbing multiple tax periods in one composite show cause notice under Section 74 is illegal. All consequential orders and proceedings were set aside with liberty for fresh action.

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