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ITC Litigation After Amendments: Insights from Madras HC in Srinivasa Pharmacy Case

February 10, 2026 1017 Views 0 comment Print

The Court held that ITC earlier denied as time-barred cannot stand after the retrospective relaxation under Section 16(5), reinforcing substantive credit rights.

PCIT empowered to inspect seized assets during proceeding u/s. 263

February 10, 2026 585 Views 0 comment Print

Calcutta High Court held that in a proceeding under Section 263 of the Income Tax Act of 1961, the PCIT is empowered to make such inquiry as he deems necessary and inspection of seized assets may very well form part of such inquiry. Accordingly, notice of inspection is duly sustainable and hence writ petition stands dismissed.

Section 153C Prevails Over Section 148 in Third-Party Search Cases: Rajasthan HC

February 9, 2026 4347 Views 0 comment Print

The Court held that reassessment based solely on material seized in a third-party search must proceed under Section 153C, not Section 148. Notices issued under the general reassessment provision were set aside.

Telangana HC Allows Statutory Authorities to Switch One Income Tax Exemption for Another

February 9, 2026 528 Views 0 comment Print

The High Court held that statutory bodies can surrender approval under one exemption provision and seek notification under another. Authorities were directed to process applications under Section 10(46).

Gujarat HC Ordered Reward Claim Reconsideration Due to Absence of Final Committee Decision

February 9, 2026 438 Views 0 comment Print

The High Court held that failure to pass a reasoned final order on an informant’s reward violates the 2007 Guidelines and directed the competent committee to reconsider the claim after hearing the informant.

Delhi HC Refuses Interference With Circular Assigning Proper Officer Powers Under GST Law

February 9, 2026 570 Views 0 comment Print

The Delhi High Court refused to quash the CBIC circular assigning “proper officer” functions, holding that it was issued with due authority and carries a presumption of validity.

Madras HC Grants Opportunity to explain GSTR-1 and GSTR-3B differences

February 9, 2026 840 Views 0 comment Print

The Court quashed a GST demand where discrepancies arose from double entry in returns, granting a fresh hearing subject to a 25% pre-deposit and directing reconsideration on merits.

HP HC Allowed Manual GSTR-3B Filing Due to Technical Error in ITC Claim

February 9, 2026 717 Views 0 comment Print

The High Court allowed manual filing of GSTR-3B where ITC could not be claimed due to an earlier error. The Court clarified that such filing would not automatically affect the confirmed tax demand.

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

February 9, 2026 681 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).

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

February 9, 2026 633 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.

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