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Judiciary

GST Appeal Dismissal Set Aside as Unadjusted Tax Deposit Directed to Be Treated as Mandatory Pre-Deposit

February 26, 2026 768 Views 0 comment Print

The Calcutta High Court held that amounts already deposited with CGST authorities, not linked to any outstanding liability, must be treated as compliance with statutory pre-deposit. The appellate dismissal for non-compliance was set aside and the matter remitted for decision on merits.

Witness statement recorded u/s. 108 irrelevant as procedure u/s. 138B not followed

February 26, 2026 456 Views 0 comment Print

CESTAT Delhi held that statement of witness recorded under section 108 of the Customs Act cannot be considered as relevant since procedure prescribed under section 138B of the Customs Act is not followed. Accordingly, penalty imposed u/s. 112(a) is set aside.

Statement made u/s. 108 not relevant as procedure contemplated u/s. 138B not followed

February 26, 2026 312 Views 0 comment Print

CESTAT Delhi held that statement made under section 108 of the Customs Act cannot be considered as relevant as the procedure contemplated under section 138B of the Customs Act was not followed. Thus, penalty imposed under section 112(a)(i) cannot be sustained.

Filing Not Streamlined No Ground to Bypass GST Appellate Tribunal: Gujarat HC

February 26, 2026 993 Views 0 comment Print

The Court refused to entertain the writ petition, holding that appeal before the Appellate Tribunal was the proper remedy. Filing issues do not override statutory appeal provisions.

Madras HC Directs Restoration of Old PAN After New PAN Cancelled

February 26, 2026 540 Views 0 comment Print

The High Court recorded that the new PAN had been cancelled and directed the petitioner to apply for restoration of the old PAN. The Income Tax Department was asked to provide a copy of the cancellation order.

Provisional Bank Account Attachment Under GST Ceases After One Year: Calcutta HC

February 26, 2026 735 Views 0 comment Print

The Court held that under Section 83(2) of the CGST Act, a provisional attachment automatically lapses after one year and cannot be continued.

Gujarat HC Quashes IGST Refund Rejections Because Repealed GST Rule Stands Obliterated

February 26, 2026 837 Views 0 comment Print

The High Court held that omission of Rule 96(10) without a saving clause applies to all pending cases. Refund claims for IGST paid on exports were directed to be processed.

SC Asks District Election Officer to Probe Electoral Roll Exclusion of Relocated Akbar Nagar Residents

February 26, 2026 321 Views 0 comment Print

The Supreme Court refused to entertain the writ petition citing disputed facts. It directed the District Election Officer, Lucknow to verify representations and take action as per law.

UGC Empowered to Act on Questionable Distance Technical Degrees as Per Orissa Lift Principles: SC

February 26, 2026 3330 Views 0 comment Print

The Supreme Court held that the UGC is the competent authority to determine consequences of questionable technical degrees obtained through distance education. Universities must furnish student details for further action.

CESTAT Sets Aside Section 112 Penalty for Lack of Specific Allegations in SCN

February 26, 2026 462 Views 0 comment Print

The Tribunal held that mere mention of Section 112 without detailed imputation in the show cause notice cannot justify penalty. Violation of CHA Regulations alone was found insufficient to sustain penal action.

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