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Kerala HC Upheld GST Portal Upload of Assessment Order as Statutorily Permissible

February 12, 2026 603 Views 0 comment Print

The High Court held that orders can be served through the notified GST common portal under Section 169. The challenge to portal-based communication was rejected.

ITC Can Be Blocked Even if No Balance Exists on Date of Order: Allahabad HC

February 12, 2026 525 Views 0 comment Print

The High Court held that Rule 86A merely creates a lien to secure revenue interests and does not amount to recovery of tax. Blocking of ITC was upheld where authorities recorded reasons to believe fraudulent or ineligible availment.

Roaming Services Qualify as Export for GST if Recipient Is Foreign Operator, Not Subscriber: Bombay HC

February 12, 2026 501 Views 0 comment Print

The High Court held that international roaming services are supplied to foreign telecom operators who pay consideration, not to individual subscribers. Since the recipient is located outside India, the services qualify as export, making the refund admissible.

Summary in GST DRC-01 cannot substitute Section 73(1) SCN requirement: Guwahati HC

February 12, 2026 651 Views 0 comment Print

Guwahati High Court held that the Summary of the Show Cause Notice in GST DRC-01 is not a substitute to the Show Cause Notice to be issued in terms with Section 73 (1) of the CGST/SGST. Accordingly, order based on issuance of summary of the show cause notice is liable to be quashed and set aside.

GST Rule 89(5) Amendment Held Retrospective, AP HC Set Aside Refund Rejection

February 12, 2026 1122 Views 0 comment Print

The High Court ruled that the amended refund formula under Rule 89(5) is clarificatory and applies retrospectively. Earlier rejection and appellate orders were quashed and the matter remanded for fresh consideration.

Bombay HC Condones 11-Day Delay in Filing Form 10-IC Due to Genuine Hardship

February 12, 2026 516 Views 0 comment Print

The Court held that Section 119(2)(b) empowers condonation to avoid genuine hardship and rejected a hyper-technical denial of tax benefit. Delay in filing Form 10-IC was condoned and Section 115BAA benefit restored.

Telangana HC Dismisses Writ as Section 139(8A) Bars Updated Return During Pending Assessment

February 12, 2026 330 Views 0 comment Print

The Court ruled that an assessee cannot invoke Section 139(8A) after initiation of assessment proceedings under Section 143(2). It affirmed the disallowance of deductions and held that appeal is the proper remedy.

Rajasthan HC Orders Release of Perishable Goods on Security in Section 130 GST Case

February 11, 2026 837 Views 0 comment Print

The Rajasthan High Court directed release of confiscated arecanuts upon furnishing security equal to the invoice value, holding that merits of the Section 130 demand must be examined separately within three months.

Madras HC Sets Aside GST Order Passed Under Omitted Section 74; Treats It as SCN

February 11, 2026 1668 Views 0 comment Print

The Court held that assessment for FY 2024–25 cannot be passed under Section 74 after its omission by amendment. The order was quashed and directed to be treated as a show cause notice.

Reassessment Invalid as Approval Taken from Wrong Authority Beyond Three-Year Limit: Delhi HC

February 11, 2026 687 Views 0 comment Print

The Delhi High Court held that reassessment beyond three years requires approval under Section 151(ii). Notices issued with approval from the wrong authority were set aside.

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