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Judiciary

Deduction Allowed Since Form 10CCB Audit Report Filed Before Processing of Return

January 12, 2026 579 Views 0 comment Print

The Tribunal held that a deduction cannot be disallowed merely due to delayed filing of Form 10CCB when it was available before processing. Procedural delay does not defeat a valid deduction claim.

Counterfeit Goods Can’t Be Treated as Branded; Customs Value Enhancement Set Aside

January 12, 2026 372 Views 0 comment Print

The Tribunal held that transaction value could not be rejected without evidence or proper application of valuation rules. Arbitrary enhancement and penalties were quashed for lack of comparables and proof of undervaluation.

Notice by Wrong Officer Invalid, ITAT Kolkata Set Aside Entire Assessment

January 12, 2026 459 Views 0 comment Print

Since the statutory notice under section 143(2) was issued by a non-jurisdictional officer, the assessment collapsed. The ruling affirms that valid notice by the competent authority is a sine qua non.

Composite GST Assessment Across Multiple Years Invalid: AP HC

January 12, 2026 531 Views 0 comment Print

The court ruled that a single assessment covering several tax periods violates GST provisions. Orders were set aside with liberty to initiate fresh, year-wise proceedings.

NCLAT Refuses to Entertain Appeal as No Grounds Made Out but Keeps Legal Remedies Intact

January 12, 2026 270 Views 0 comment Print

The appellate tribunal declined to entertain the appeal citing absence of grounds. It clarified that the impugned order would not prevent the appellant from raising all legal pleas in any future proceedings.

ITAT Kolkata Quashed Assessment for Exceeding Limited Scrutiny Jurisdiction

January 12, 2026 573 Views 0 comment Print

The Tribunal ruled that additions made on issues beyond limited scrutiny were without authority since proper conversion to complete scrutiny was not followed. The key takeaway is that violating CBDT instructions renders the entire assessment void.

Madras HC Set Aside GST DRC-07 Orders for Fresh Decision Subject to Pre-Deposit

January 12, 2026 501 Views 0 comment Print

The High Court remitted GST DRC-07 orders after noting that show cause notices were not replied to. Relief was granted subject to a 10% pre-deposit and filing of consolidated replies.

Allahabad HC Upheld Section 74 GST Notice Due to Prima Facie Satisfaction of Fraud

January 12, 2026 537 Views 0 comment Print

The High Court refused to quash a GST show cause notice where the authority had formed prima facie satisfaction of fraudulent ITC availment. The ruling affirms limited judicial interference at the notice stage.

Delhi HC Set Aside TDS Demand for Employee Due to Non-Deposit by Employer

January 12, 2026 609 Views 0 comment Print

The Court held that employees cannot be held liable for TDS non-deposit when the employer deducts it. The AO must decide representation considering CBDT circular guidance.

ITAT Bangalore Rejected Estimated Profit as Audited Books Showed Reasonable Margin

January 12, 2026 711 Views 0 comment Print

The Tribunal ruled that estimating higher profit without rejecting audited books or finding major defects is impermissible. The declared 7% margin was accepted as reasonable, emphasizing limits on ad-hoc profit estimation.

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