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Judiciary

GST Appeal Delay Must Run from Online Refund Application Date, Not Certified Copies: Gujarat HC

February 1, 2026 339 Views 0 comment Print

The High Court set aside dismissal of GST refund appeals where delay was computed based on submission of certified copies. The ruling directs fresh adjudication on merits after hearing.

GST Appeal cannot be Dismissed for mere late filing of certified copy: Calcutta HC

February 1, 2026 309 Views 0 comment Print

The High Court set aside dismissal of a GST appeal rejected for late filing of a certified copy. The ruling holds that timely online filing should not be defeated by hyper-technical objections.

Central GST Action Invalid Where State Authorities Already Initiated Inquiry: HP HC

February 1, 2026 498 Views 0 comment Print

The High Court set aside blocking of Input Tax Credit where State tax authorities had already initiated proceedings on the same subject matter. The ruling holds that parallel action by central authorities violates Section 6(2)(b) of the CGST Act.

Gujarat HC Allows Refund of Protested GST Interest on Leasehold Assignment

February 1, 2026 486 Views 0 comment Print

Gujarat High Court holds refund claims maintainable for interest paid under protest on wrongly demanded GST for assignment of leasehold rights, quashing mechanical rejection via RFD-03.

Section 80GGC Political Donation: Penalty Upheld despite Deduction Withdrawal After Reopening

February 1, 2026 5346 Views 0 comment Print

The Tribunal ruled that withdrawing a deduction in response to a Section 148 notice does not erase underreporting. Penalty for misrepresentation under Section 270A was upheld.

PCIT Cannot Convert Bogus Purchase Disallowance into Section 69C Income via Revision u/s 263

January 31, 2026 717 Views 0 comment Print

The Tribunal ruled that when purchases are disallowed as non-genuine without questioning the source of payment, section 69C cannot be invoked. A plausible disallowance under section 37(1) cannot be revised under section 263 merely to change the charging provision.

Intra-Group Loan Restructuring & Partner Account Reclassification Not Bogus Credits

January 31, 2026 2070 Views 0 comment Print

The AO treated loan substitution via group restructuring as an accommodation entry. ITAT ruled that repayment by a holding company backed by bank trails and confirmations cannot be taxed as unexplained credit.

Reassessment for Bogus Purchases Quashed: Approval by Pr.CIT Invalid After 3 Years

January 31, 2026 729 Views 0 comment Print

ITAT Mumbai quashed reassessment for AY 2017-18 as notice issued after three years lacked mandatory sanction under Section 151(ii), holding approval by Pr.CIT insufficient under post-2021 law.

ITAT Selection Set Aside for Bias: SC Orders Fresh Committee Without Tainted Member

January 31, 2026 1533 Views 0 comment Print

The Supreme Court held that the inclusion of a tainted official in the selection committee created a reasonable apprehension of bias. The key takeaway is that even one biased member vitiates the entire selection process.

Incentive/ bonus paid to employees before due date of ITR allowed: ITAT Bangalore

January 31, 2026 579 Views 0 comment Print

ITAT Bangalore held that incentive/ bonus paid to employees before due date of filing the return is allowable as deduction under the Income Tax Act. Accordingly, disallowance of expenditure incurred towards incentive payment for executive gain sharing plan not sustained.

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