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Archive: February, 2026

Posts in February, 2026

SC Upholds Bombay HC: Magistrate Cannot Order Online Takedown Under Section 69 IT Act

February 24, 2026 384 Views 0 comment Print

The Supreme Court upheld the High Court’s refusal to interfere with condonation of 116 days’ delay and stay of disobedience proceedings, finding no arbitrariness in the exercise of discretion.

Delay of 116 Days Condoned as Organizational Decision-Making Held Sufficient Cause: Bombay HC

February 24, 2026 309 Views 0 comment Print

The Court upheld condonation of 116 days’ delay in filing revision, holding that internal decision-making in a large organization constituted sufficient cause and warranted limited appellate interference.

Blocking ITC Without Adjudication Unsustainable: Electronic Credit Ledger Must Be Decided Promptly – Calcutta HC

February 24, 2026 429 Views 0 comment Print

Observing that Rule 86A is meant to secure revenue pending adjudication, the Court found the officer’s stance legally unsustainable and mandated time-bound decision-making.

ITAT Hyderabad Quashes U/s 148 Reopening; Third-Party Seized Laptop Data & Non-Compliance with Sec 149(1)(b) Held Fatal

February 24, 2026 498 Views 0 comment Print

The Tribunal quashed the reassessment as the notice issued beyond three years failed to satisfy mandatory conditions under Section 149(1)(b). It held that absence of proper jurisdictional facts and compliance rendered the reopening invalid.

Appellate Authority Cannot Travel Beyond SCN: GST Order Set Aside – Calcutta HC

February 24, 2026 996 Views 0 comment Print

The High Court set aside the appellate order for questioning transaction genuineness without prior notice, reiterating that authorities cannot go beyond the original show cause notice.

GST Registration Cancellation Revoked as Financial Hardship Found Genuine: Madras HC

February 24, 2026 870 Views 0 comment Print

The Court restored GST registration cancelled for six months non-filing of returns, accepting financial hardship as a genuine reason and imposing strict compliance conditions.

GST Registration Cancellation Upheld Due to Failure to Prove Physical Movement of Goods

February 24, 2026 393 Views 0 comment Print

Madras HC Dismisses Plea Against GST Registration Cancellation Over Suspicious E-Way Bill, ITC Claims, Dual GST Registration at Same Premises and for Failure to Prove Physical Movement of Goods

Gauhati HC Set Aside GST Registration Cancellation for Vagueness & Pre-Determination

February 24, 2026 327 Views 0 comment Print

The High Court quashed cancellation and revocation rejection orders, holding that the show-cause notice lacked material particulars. It ruled that quasi-judicial powers must be exercised independently and not mechanically.

Notional Rent Reduced on Multiple Properties; Covid Vacancy & Ownership Issues Considered – House Property Income Recomputed by ITAT Hyderabad

February 24, 2026 195 Views 0 comment Print

ITAT Hyderabad partly deleted notional rent additions, granting relief for Covid vacancies, sold properties and lack of ownership, while upholding unsupported self-occupation claims.

Jharkhand HC Refuses Writ as Statutory Appeal Available Despite Tribunal Vacancies

February 24, 2026 198 Views 0 comment Print

The Court declined to entertain the writ petition, noting that the appellate tribunal was accepting filings and the impugned order was appealable. It held that alternate remedies cannot be bypassed merely due to delay concerns.

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