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Judiciary

CESTAT Denies Refund of EC, SHEC & KKC as Such Cesses Were Not Subsumed in GST

March 10, 2026 549 Views 0 comment Print

CESTAT Mumbai held that accumulated credit of Education Cess, SHE Cess, and KKC cannot be transitioned or refunded because these levies were not subsumed under the GST regime.

Operational Creditor’s Insolvency Plea Dismissed Because Contractual Dispute Existed Over Services

March 10, 2026 354 Views 0 comment Print

FTI Consulting India Pvt. Ltd. Vs MGF Developments Ltd. (NCLAT Delhi) The National Company Law Appellate Tribunal (NCLAT), Delhi, considered an appeal challenging the order dated 31.10.2025 passed by the National Company Law Tribunal (NCLT), New Delhi, which had rejected a Section 9 application filed by the appellant seeking initiation of the Corporate Insolvency Resolution […]

ITC Blocking under Rule 86A – Madras HC Upholds Department’s Power

March 10, 2026 1236 Views 0 comment Print

The Madras High Court upheld the blocking of Input Tax Credit under Rule 86A after the Managing Director admitted availing ITC on blocked invoices during inspection. The Court ruled that such admission weakened the taxpayer’s challenge to the department’s action.

Madras HC Allows Belated GST Appeal as Assessment Order Was Served Only Through Portal

March 9, 2026 1026 Views 0 comment Print

The High Court permitted the taxpayer to file an appeal despite delay after noting that the assessment order was served through deemed service on the common portal. The appeal must be filed with a 25% deposit of the disputed tax.

CESTAT Sets Aside Customs Broker License Revocation as Direct Fraud Involvement Not Proven

March 9, 2026 567 Views 0 comment Print

CESTAT Bangalore held that revocation of a Customs Broker license is a harsh penalty that requires clear proof of involvement in fraud. In the absence of such evidence, the tribunal set aside the license revocation but retained a penalty.

Fake Lottery GST Evasion & Forgery: Gauhati HC Refuses to Quash Second FIR

March 9, 2026 7821 Views 0 comment Print

The Gauhati High Court held that the second FIR disclosed additional and distinct offences beyond the earlier complaint. Therefore, the FIR could not be quashed under the test of sameness.

Trust Registration Rejection Set Aside Because Technical Error in Application Is Not Valid Ground

March 9, 2026 3492 Views 0 comment Print

The Tribunal ruled that a bona fide technical mistake in selecting the wrong section code while applying for registration cannot lead to rejection of the application. The matter was remanded to the Commissioner (Exemption) for reconsideration on merits.

Madras HC Condoned Delay in Filing Form 10B as Trust Was Preoccupied with Foreign Donors

March 9, 2026 528 Views 0 comment Print

The Madras High Court quashed the rejection of a condonation application, holding that the delay in filing Form 10B had a reasonable explanation. The Court directed reconsideration of exemption under Section 11.

Madras HC Cancels GST Assessment Order & Remands Case with 10% Pre-Deposit

March 9, 2026 678 Views 0 comment Print

The Madras High Court quashed a GST order passed after the assessee failed to reply to a show cause notice and remitted the matter for fresh adjudication. The court allowed reconsideration subject to a 10% pre-deposit of the disputed tax.

Reassessment of Imported Goods Set Aside Because Customs Valuation Rules Were Not Followed

March 9, 2026 429 Views 0 comment Print

The Tribunal found that the importer had sought first-check examination and the Chartered Engineers report confirmed the declared description of goods. As a result, allegations of mis-declaration and consequent penalties were held unsustainable.

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