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Archive: March, 2026

Posts in March, 2026

Draft Income Tax Rules 234 and 235 – Annual Statement by Non-Residents with Liaison Office in India; Information/ Documents under Section 506

March 4, 2026 216 Views 0 comment Print

Draft Income-tax Rules 2026 introduce Rule 234 and Rule 235 requiring non-resident liaison offices to file annual statements and Indian concerns to report indirect foreign share transfers.

No General GST Penalty as Late Fee Already Paid for Delayed Annual Return

March 4, 2026 3564 Views 0 comment Print

The High Court held that once concessional late fee under Section 47 is paid for delayed GSTR-9 filing, a separate general penalty under Section 125 cannot be imposed. The additional penalty was quashed.

ITAT Mumbai Quashes Assessment Because Notice Was Issued by Non-Jurisdictional Officer

March 4, 2026 516 Views 0 comment Print

The Tribunal held that an assessment under Section 143(3) is void ab initio when the mandatory notice under Section 143(2) is issued by a non-jurisdictional officer. The absence of a valid jurisdictional notice vitiated the entire proceedings.

GST Orders Quashed Because Deposit Made ‘Under Protest’ Was Treated as Voluntary

March 4, 2026 420 Views 0 comment Print

The Himachal Pradesh High Court held that a tax deposit made under protest cannot be treated as voluntary payment to conclude proceedings. The matter was remanded for fresh adjudication on merits.

Punjab & Haryana HC Denies Bail as Accused Was Absconder in Alleged GST Fraud Case

March 4, 2026 318 Views 0 comment Print

The High Court refused regular bail citing serious allegations of breach of trust and forgery involving substantial GST refund transactions. The petitioner’s prior absconding and risk of re-absconding were key reasons for denial.

GST ITC Fraud Case of ₹26.19 Cr: P&H HC Grants Bail Citing 5-Month Custody & Magistrate Trial

March 4, 2026 495 Views 0 comment Print

The High Court granted regular bail in a ₹26.19 crore fake ITC case, noting prolonged custody, documentary evidence, and that the offence is triable by a Magistrate with a maximum five-year sentence.

Madras HGC Condoned Delay of 214 Days in GST Appeal as Accountant’s Failure Held Genuine

March 4, 2026 312 Views 0 comment Print

The High Court set aside the rejection of an appeal filed with a 214-day delay, holding that the petitioner’s explanation regarding the accountant’s failure was genuine. The delay was condoned subject to payment of an additional 10% of the disputed tax as pre-deposit.

Delhi HC Directs Fresh Order on Section 244(1A) Interest on Income Tax refund Within 3 Months

March 4, 2026 405 Views 0 comment Print

The High Court set aside an order denying additional interest under Section 244(1A), holding that it was based on a Bombay High Court judgment later reversed by the Supreme Court. The matter was remanded for fresh consideration.

GST Officer Must Ensure Effective Service Beyond Portal Uploads: Madras HC

March 4, 2026 306 Views 0 comment Print

Madras High Court held that when no response is received on portal notices, officers must explore alternative service modes under Section 169. The ex parte order was quashed and remanded for fresh hearing.

Contempt Maintainable Despite Doctrine of Merger Because SC Only Affirmed HC Order

March 4, 2026 297 Views 0 comment Print

The Supreme Court held that even if a High Court order merges with an appellate order, its contempt jurisdiction survives. Where no fresh directions are issued by the Supreme Court, enforcement can proceed before the High Court.

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