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Judiciary

GST Registration Can’t Be Cancelled on Field Visit Without Panchanama & Independent Witnesses

January 12, 2026 1356 Views 0 comment Print

The Court set aside cancellation of GST registration after finding that it was based solely on an invalid field visit report without witnesses or proper procedure. The ruling emphasizes that unilateral inspections cannot justify cancellation.

Delhi HC Quashes GST Order Passed Without Reply of Taxpayer or Hearing

January 12, 2026 987 Views 0 comment Print

The Delhi High Court quashed a GST adjudication order passed without the taxpayer filing a reply or being heard. The matter was remanded for fresh adjudication with an opportunity to respond, subject to conditions.

Reassessment Quashed for Lack of Assessee-Specific Evidence in Penny Stock Case

January 12, 2026 702 Views 0 comment Print

The Tribunal held that reopening based only on generalized information about a scrip, without independent inquiry or linkage to the taxpayer, is invalid. Entire addition on alleged bogus LTCG was deleted.

GST Refund Right Cannot Be Curtailed Retrospectively by Amendment: J&K&L HC

January 12, 2026 525 Views 0 comment Print

The Court held that refund rights accrued before the 2019 amendment to Section 54 cannot be taken away retrospectively. The key takeaway is that limitation changes cannot extinguish vested GST refund rights.

HP HC Stayed Reassessment as Validity of Section 148 Notices Pending Before SC

January 12, 2026 456 Views 0 comment Print

The High Court stayed reassessment proceedings after noting that the legality of Section 148 notices is under consideration before the Supreme Court. The key takeaway is that proceedings must await the apex court’s final ruling.

Accounts Resignations in Remote Location is Genuine reason for ITR Filing Delay: Orissa HC

January 12, 2026 222 Views 0 comment Print

The court held that repeated resignation of key accounts staff constituted genuine hardship. Rejection of delay condonation under Section 119(2)(b) was set aside, directing acceptance of the belated return.

Penetrating Oil Not Diesel Without Proof; CESTAT Set Aside Higher Duty Demand

January 12, 2026 318 Views 0 comment Print

The Tribunal set aside reclassification of imported penetrating oil as adulterated diesel. It held that failure to meet diesel BIS standards and lack of proof of adulteration defeated the Revenue’s case.

Objections Filed Before Wrong AO by Mistake Can’t Defeat Right to DRP Adjudication

January 12, 2026 396 Views 0 comment Print

High Court held that a final assessment order passed without awaiting DRP directions violates section 144C. Such non-compliance rendered the assessment order non est and liable to be quashed.

ITAT Mumbai Sustained Section 271(1)(c) Penalty for Unsubstantiated Expense Claims

January 12, 2026 651 Views 0 comment Print

The Tribunal examined whether a penalty could survive despite an allegedly vague notice. It held that since the assessment order and later notices clearly specified furnishing of inaccurate particulars, the penalty was valid.

Same-Day Reply Deadline & Hearing Date Impermissible; GST Matter Remanded

January 12, 2026 774 Views 0 comment Print

The High Court set aside GST assessment and appellate orders where the date for personal hearing was fixed on the same day as the reply deadline. It held that such procedure violates principles of natural justice.

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