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Archive: March, 2026

Posts in March, 2026

Calcutta HC Set Aside GST Appellate Order as Authority Failed to Independently Examine Grounds of Appeal

March 4, 2026 417 Views 0 comment Print

The Calcutta High Court held that an appellate authority must independently evaluate the grounds of appeal and supporting explanations. Repeating the adjudicating officer’s findings without analysis renders the order invalid.

Kerala HC Sets Aside Order for Ignoring Earlier Remand Directions in DRAT Pre-Deposit Attachment Dispute

March 4, 2026 249 Views 0 comment Print

The Kerala High Court set aside a Single Judge’s decision after finding that earlier Division Bench directions to decide the writ petition on merits were not followed. The case involving attachment of a DRAT pre-deposit was remanded again for fresh consideration with liberty for all parties to raise their contentions.

Tribunal Cannot Direct 12AB Registration as Genuineness of Trust Activities Was Not Verified: Delhi HC

March 4, 2026 423 Views 0 comment Print

The Delhi High Court held that the Tribunal erred in directing the grant of registration under Sections 12AB and 80G without examining the genuineness of the trust’s activities. The Court set aside the order and remanded the matter to the Commissioner for proper inquiry.

GST Assessment Quashed as Officer Relied Only on Portal Notices Without Ensuring Effective Service

March 4, 2026 333 Views 2 comments Print

The Madras High Court observed that officers should explore other methods under Section 169, such as RPAD, when taxpayers do not respond to portal notices. The impugned order was set aside and the matter remanded.

Disallowance of Insurance Expenses Set Aside Because IRDA Limits Do Not Automatically Bar Tax Deduction

March 4, 2026 282 Views 0 comment Print

The tribunal ruled that reallocating management expenses to the profit and loss account under IRDA regulations does not violate law and therefore cannot justify disallowance under the Income-tax Act.

HC Questioned GST Appeal Filing System as Temporary ID Process May Enable Malpractices

March 4, 2026 303 Views 0 comment Print

The Allahabad High Court observed that requiring taxpayers to obtain temporary IDs from the same officer who passed the order may create delays and scope for malpractice. The Court suggested exploring auto-generation of IDs to ensure easier access to GST appeals.

Subscription Fee for Database Access Not Royalty as No Copyright Rights Were Transferred: ITAT Delhi

March 4, 2026 312 Views 0 comment Print

Bain & Company Vs D/ACIT (ITAT Delhi) The appeal before the Income Tax Appellate Tribunal (ITAT), Delhi arose from a final assessment order dated 18 December 2024 passed by the Deputy/Assistant Commissioner of Income Tax (International Tax), Gurgaon under Section 143(3) read with Section 144C(13) of the Income-tax Act, 1961. The assessee is a foreign company […]

Lookout Circular Set Aside Because Income Tax Proceedings Had Concluded and No Demand Was Pending

March 4, 2026 321 Views 0 comment Print

The Delhi High Court held that continuing a lookout circular after the conclusion of tax proceedings and in the absence of any outstanding demand violated fundamental rights. The Court ruled that administrative delay in gathering foreign information cannot justify indefinite travel restrictions.

Application Rejected as DRT Lacks Jurisdiction Over Recovery Dispute Between Financial Institutions

March 4, 2026 261 Views 0 comment Print

The Tribunal applied the Supreme Court’s ruling that Section 11 of the SARFAESI Act provides a mandatory arbitration mechanism for disputes between banks or financial institutions involving unpaid dues.

GST Order Quashed as Summary in DRC-01 Cannot Replace Mandatory SCN

March 4, 2026 834 Views 0 comment Print

The Gauhati High Court held that a summary issued in Form GST DRC-01 cannot substitute the statutory requirement of a proper Show Cause Notice under Section 73. Proceedings initiated without such notice were held invalid.

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