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Archive: July, 2026

Posts in July, 2026

Consolidated GST Show Cause Notices for Multiple Years Invalid: Kerala HC

July 10, 2026 264 Views 0 comment Print

Kerala HC quashed a consolidated GST show cause notice and order for multiple financial years, permitting fresh year-wise notices relating back to the original notice date.

Section 138 Acquittal Upheld as Legally Enforceable Debt Not Proved: Calcutta HC

July 10, 2026 273 Views 0 comment Print

Calcutta HC upheld acquittal under Section 138 NI Act, holding the Section 139 presumption stood rebutted as the complainant failed to prove a legally enforceable debt.

Section 74 GST Proceedings Valid; Assessment Remanded for Computation Errors: Madras HC

July 10, 2026 231 Views 0 comment Print

Madras HC held Section 74 invocation valid after inspection revealed tax discrepancies, but remanded the assessment due to erroneous tax computation and turnover recording.

Bombay HC Orders Status Quo on DRT Recovery Pending Encumbrance Issue

July 10, 2026 159 Views 0 comment Print

Bombay HC ordered status quo on DRT recovery proceedings pending adjudication of whether State dues could be recorded as encumbrances on the properties.

Service Tax Refund Remanded for Proof Tax Was Not Collected From Lessee: CESTAT Kolkata

July 10, 2026 189 Views 0 comment Print

CESTAT Kolkata remanded a Service Tax refund claim, directing the lessor to prove tax was not recovered from the lessee and substantiate refund eligibility.

Composite GST SCN for Multiple Assessment Years Quashed: Kerala HC

July 10, 2026 282 Views 0 comment Print

Kerala HC quashed a composite GST show cause notice and assessment order covering six financial years, permitting separate fresh notices with limitation exclusion.

Section 79 Recovery From Partner’s Bank Account for Firm’s GST Dues Upheld: Madras HC

July 10, 2026 250 Views 0 comment Print

Madras HC upheld Section 79 recovery from a partners personal bank account for crystallized GST dues of a partnership firm, dismissing the writ petition.

Section 74 Order Quashed for Imposing 100% Penalty Instead of Section 74A: Madras HC

July 10, 2026 240 Views 0 comment Print

Madras HC quashed a GST order passed under Section 74 after finding it imposed a 100% penalty instead of the 50% penalty under Section 74A, permitting fresh proceedings under Section 74A.

Fresh SCN After Remand Impermissible Under Section 74: Telangana HC

July 10, 2026 186 Views 0 comment Print

Telangana HC held that issuing a fresh show cause notice after remand violated its earlier directions. Assessment under Section 74 was set aside and remanded.

Section 74(5) Benefit Cannot Be Denied for Non-Issuance of DRC-01A: Allahabad HC

July 10, 2026 222 Views 0 comment Print

Allahabad HC held Section 74(5) read with Rule 142(1A) preserves the taxpayer’s right to pay tax, interest and 15% penalty despite no DRC-01A.

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