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Kerala HC Set Aside ITC Denial Due as GST Return Filed Before 30th November 2021

February 9, 2026 612 Views 0 comment Print

The Court held that ITC could not be denied where the March 2020 return was filed before the cut-off date under Section 16(5). The ruling clarifies that Section 16(5) overrides the time limit in Section 16(4).

SC Quashed GST Demand Due to Lack of Proper Service of Show Cause Notice

February 9, 2026 942 Views 0 comment Print

A GST demand was quashed as the assessee was denied an opportunity to respond due to non-service of notice. The Court allowed fresh adjudication while rejecting claims of vagueness in the notice.

Deemed Section 50C consideration cannot limit Section 54F exemption: ITAT Raipur

February 9, 2026 555 Views 0 comment Print

The Tribunal held that capital gains must be computed using the final stamp value determined after litigation, not an earlier inflated valuation, and directed deletion of the resulting addition.

ITAT Mumbai Held Electronic Advance Tax Payment Timely Despite Next-Day Challan Generation

February 9, 2026 399 Views 0 comment Print

The Tribunal held that advance tax cannot be treated as delayed when the amount is debited from the taxpayer’s bank account on the due date. Interest under Section 234C was quashed as the delay in challan generation was beyond the assessee’s control.

DRAT Set Aside SARFAESI Auction for Sale Below Distress Value & Rule 8(6) Violation

February 9, 2026 804 Views 0 comment Print

The Tribunal held that sale of property below the distress value fixed by the bank’s own valuer is impermissible under SARFAESI. The auction and all subsequent actions were set aside.

Calcutta HC Set Aside GST Demand Due to Non-Supply of Seized Records & Hearing Lapse

February 9, 2026 522 Views 0 comment Print

The court halted enforcement of a GST demand after finding that seized documents and a computer were not returned, denying a fair hearing and effective defence.

NCLAT Delhi Dismisses Plea to Revive CIRP After Corporate Debtor Clears Part IV Dues

February 9, 2026 237 Views 0 comment Print

The Appellate Tribunal held that insolvency proceedings cannot be revived once the entire default amount claimed in Part IV is paid. Disputes limited to pendente lite interest were held insufficient to restart CIRP.

Madras HC Set Aside GSTR-2A vs 3B Mismatch Demand Due to Retrospective ITC Amendment

February 9, 2026 837 Views 0 comment Print

The High Court quashed a GST demand where part of the liability arose from belated ITC and part from return mismatch, directing fresh adjudication in light of retrospective statutory amendments.

NCLAT Delhi Rejected Resolution Plan Due to Inadequate Valuation & Missing Asset Details

February 9, 2026 318 Views 0 comment Print

The appellate tribunal upheld rejection of a resolution plan where balance sheets lacked details and assets were valued at NIL. The ruling affirms that plans must be supported by transparent and credible financial disclosures.

Benami Finding Upheld Where Registered Owner Lacked Financial Capacity: SAFEMA Delhi

February 9, 2026 288 Views 0 comment Print

The Tribunal dismissed the appeal after finding that bank records, agreements, and admissions established benami elements. Procedural objections were held insufficient to override substantive findings.

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