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HC clarified scope of Rule 39(1)(a) by explaining GST ITC need not be distributed on invoice date

March 13, 2026 909 Views 0 comment Print

While interpreting Rule 39(1)(a) to mandate distribution immediately upon receipt of invoice would lead to absurdity and conflict with the statutory scheme, as ITC could not be claimed or distributed before satisfaction of the conditions prescribed under Section 16.

Cheque Dishonour Due to Subsequent Freezing of Drawer’s Bank Account – S.138 NI Act Not Attracted: Karnataka HC

March 12, 2026 924 Views 0 comment Print

The court analysed whether the reason account blocked falls within the scope of Section 138 of the Negotiable Instruments Act. It held that the provision applies only when dishonour is linked to insufficient funds or lack of arrangement.

Madras HC Quashes DGFT EPCG Penalty Order as Hearing Opportunity Was Denied

March 12, 2026 582 Views 0 comment Print

The Court set aside the DGFT order imposing penalty and customs duty demand for alleged EPCG export obligation default. The matter was remanded after directing the authority to provide the petitioner a personal hearing.

GST Transitional Credit Dispute Sent Back for Fresh Hearing Due to Non-Disclosure of Verification Reports

March 12, 2026 441 Views 0 comment Print

The Bombay High Court set aside a GST adjudication order because verification reports relied upon by the authorities were not furnished to the taxpayer. The court held that denying access to such reports violates principles of natural justice and ordered a fresh hearing.

Possession Alone Cannot Decide Title in Property Disputes: Madras HC

March 12, 2026 588 Views 0 comment Print

The court held that although the defendant established title through a court auction purchase, injunction could not be granted as possession on the date of the suit was not proved.

Madras HC Allows Reassessment in GST ITC Mismatch Case Due to Portal & Seller Issues

March 12, 2026 615 Views 0 comment Print

The Court set aside a GST assessment order based on an ITC mismatch after the taxpayer claimed the seller failed to upload invoice details. Fresh assessment was allowed subject to deposit of 10% of disputed tax.

Customs Must Consider Importer’s Request Before Insisting on Licence: Madras HC

March 12, 2026 273 Views 0 comment Print

The court held that when an importer claims that a licence is not required under a notification, authorities must first consider the representation on merits. Customs were directed to provide a hearing and pass a reasoned order before refusing clearance.

Kerala HC Lays Down Arrest Protocol in Court Premises Due to Rising Police–Lawyer Conflicts

March 12, 2026 273 Views 0 comment Print

The court issued guidelines requiring prior intimation to the presiding judge before arrests in court premises and created grievance committees to address disputes between police and lawyers.

HC Grants Bail in ₹27.35 Crore GST ITC Case Based Mainly on Documentary Evidence

March 12, 2026 462 Views 0 comment Print

The Court allowed bail after observing that the accused had been in custody since November 2025 and the trial involving extensive documentary evidence may take considerable time.

Gauhati HC Sets Aside GST Recovery Notice Because Taxpayer Was Not Given Opportunity to Respond

March 12, 2026 354 Views 0 comment Print

The High Court interfered with a GST recovery notice after finding that the petitioner had not been given an opportunity to respond to the show cause notice. The Court ordered fresh proceedings with proper notice and a chance to file a reply.

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