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Archive: March, 2026

Posts in March, 2026

SC Granted Bail in Fake ITC Case Due to Prolonged Pre-Trial Custody and Trial Delay

March 21, 2026 438 Views 0 comment Print

The issue was whether bail can be granted despite serious fake ITC allegations. The Court ruled that prolonged custody and delayed trial justify bail, prioritizing personal liberty.

GST Registration Must Be Restored After Clearing Dues: Bombay HC

March 21, 2026 465 Views 0 comment Print

The Court examined whether GST registration can remain cancelled despite full payment of dues. It held that authorities must revoke cancellation once statutory conditions are satisfied, ensuring fairness and continuity of business.

Section 75(12) GST Recovery Invalid Without Adjudication Due to Wrong ITC Allegation

March 21, 2026 633 Views 0 comment Print

The Court ruled that recovery under Section 75(12) cannot be used where wrongful ITC utilisation is alleged. It held that such cases require adjudication under Sections 73 or 74 before recovery action.

Misuse of Insolvency Proceedings to Obstruct SARFAESI Enforcement: A Judicial Response

March 21, 2026 873 Views 0 comment Print

The Court held that insolvency proceedings cannot be invoked after completion of SARFAESI auction to stall recovery. It clarified that Section 96 moratorium cannot undo concluded transactions.

Allahabad HC Sets Aside GST Appellate Order for Ignoring Lab Report Discrepancy

March 21, 2026 795 Views 0 comment Print

The Court held that failure to address objections regarding sample mismatch vitiates the order. It directed fresh adjudication with proper reasoning.

Capital Payment for Land Purchase Cannot Be Disallowed Under Section 40A(3): ITAT Nagpur

March 21, 2026 699 Views 0 comment Print

The Tribunal held that cash payments for land purchase cannot be disallowed under Section 40A(3) if not claimed as expenditure. Since the amount was capital in nature, the addition was deleted. The ruling clarifies the scope of disallowance provisions.

Late Filing of Return Does Not Bar Section 80P Deduction for Pre-2018 AYs: ITAT Mumbai

March 21, 2026 378 Views 0 comment Print

The Tribunal held that filing return after due date does not disqualify deduction under section 80P for AYs prior to 2018. It ruled that denial on this ground was incorrect and required rectification.

Section 272A(1)(d) Penalty Deleted as Assessment Completed U/s. 143(3) Despite Non-Compliance

March 21, 2026 951 Views 0 comment Print

The case involved Penalty Under Section 272A(1)(d for failure to comply with notices during assessment. The Tribunal ruled that completion under section 143(3) negates the basis for penalty.

Section 87A Deduction Allowed as Income Below Rs 7 Lakh Despite Computation Errors

March 21, 2026 1161 Views 0 comment Print

The Tribunal examined denial of rebate due to technical computation issues. It held that deduction must be granted as income was below ₹7 lakh and statutory conditions were satisfied.

Addition Based on Third-Party Software Data Invalid Without Cross-Examination: ITAT Mumbai

March 21, 2026 888 Views 0 comment Print

The Tribunal held that the addition based on third-party software data was invalid as the material was not provided to the assessee. Denial of cross-examination was found to violate principles of natural justice.

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