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Judiciary

LTCG Addition Deleted as AO Failed to Prove Share Transactions Bogus Under Section 68

February 26, 2026 570 Views 0 comment Print

ITAT Mumbai deleted the Section 68 addition on LTCG from listed shares, holding that documentary evidence, STT payment, and banking trail were not disproved by the Revenue.

Bail Granted in GST Case Due to Prolonged Custody, Completed Investigation & No Antecedents

February 26, 2026 588 Views 0 comment Print

Observing that the charge-sheet had been filed and the maximum punishment under Section 132 was five years, the Court granted bail. It relied on Supreme Court precedent emphasizing that prolonged incarceration and documentary evidence weigh in favour of release.

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

February 26, 2026 852 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 531 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 402 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 1140 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 615 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 837 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 993 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 444 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.

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