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ITAT Cannot Deny Stay Jurisdiction Due to Absence of Demand: J&K High Court

January 11, 2026 621 Views 0 comment Print

The High Court ruled that the Tribunal cannot refuse to consider a stay application merely because no tax demand exists. It held that the power to grant stay flows from appellate jurisdiction and must be exercised where necessary to protect the appeal from becoming ineffective.

Section 153C Assessment Quashed for Undated Satisfaction Note & Two-Year Delay

January 11, 2026 531 Views 0 comment Print

The High Court held that proceedings under Section 153C cannot stand where the satisfaction note lacks a date and is communicated after an unexplained two-year delay. Strict compliance with statutory requirements was reaffirmed.

Reassessment Dispute Relegated to Income Tax Appeal Due to Pending SC Decision

January 11, 2026 384 Views 0 comment Print

The Delhi High Court declined to rule on the validity of GST limitation-extension notifications as the issue is pending before the Supreme Court. The taxpayer was directed to pursue the statutory appellate remedy, with protection against limitation.

Delay in GST Confiscation Proceedings Addressed as Court Fixes Timeline for Decision

January 11, 2026 414 Views 0 comment Print

The Court dealt with a challenge to a confiscation show cause notice where jurisdictional confusion delayed proceedings. It directed a time-bound reply, personal hearing, and adjudication while leaving merits open.

Bail Granted as Woman Accused Exempt from Twin Conditions Under PMLA

January 11, 2026 681 Views 0 comment Print

The Court examined whether the stringent twin conditions for bail under the PMLA applied to a woman accused in a money laundering case. Holding that the statutory proviso applied, the Court granted bail, emphasizing delayed proceedings and completed investigation.

Orissa HC Stayed GST Demand as Audit Report Issued by Unauthorised Officer

January 11, 2026 858 Views 0 comment Print

The High Court stayed GST recovery proceedings after finding that the audit report triggering the demand was issued by an officer lacking statutory authority, indicating a prima facie jurisdictional defect.

GST Demand Covering Pre-Resolution Period Invalid After NCLT Approval: Bombay HC

January 11, 2026 393 Views 0 comment Print

The High Court ruled that GST demands including periods before resolution plan approval are legally unsustainable and must be quashed.

GST Refund Dispute Remanded as Authorities Ignored Later Rule 96(10) Omission

January 11, 2026 465 Views 0 comment Print

The High Court set aside GST refund rejection orders after noting that Rule 96(10) was omitted without saving pending proceedings and remanded the matter for fresh adjudication.

No Dispatch Proof Doesn’t Automatically Mean No Hearing in ITC Fraud Cases: Delhi HC

January 11, 2026 399 Views 0 comment Print

The High Court held that inability to trace proof of dispatch of hearing notices does not automatically establish denial of personal hearing, especially in ITC fraud cases.

Order Set Aside for Reconsideration Over Overlapping ITC Disallowance

January 11, 2026 330 Views 0 comment Print

The court found a prima facie overlap between excess ITC due to non-reconciliation and ITC disallowed under Section 16(4), directing partial pre-deposit and fresh adjudication.

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