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Judiciary

GST Section 74 Order Not Entertained in Writ Due to Alternate Appeal Remedy Under Section 107: Gujarat HC

February 5, 2026 642 Views 0 comment Print

Relying on settled Supreme Court precedent, the Court held that a writ petition is not maintainable where the GST Act provides a complete appellate framework. The petitioner was relegated to pursue the remedy under Section 107.

Section 8 Notice Does Not Extend Limitation for IBC Section 9 Filing After Arbitral Award: NCLAT

February 5, 2026 498 Views 0 comment Print

The tribunal held that a Section 9 insolvency application filed years after an arbitral award attained finality was barred by limitation. Issuing a demand notice could not revive a time-barred claim.

Karnataka HC Quashes GST Show Cause Notice for Clubbing Multiple Tax Periods

February 5, 2026 879 Views 0 comment Print

The court held that issuing a single GST notice for multiple tax periods is illegal. All consequential proceedings were quashed, with liberty to initiate fresh action lawfully.

GST Order Quashed as date, time, or venue for personal hearing was not communicated

February 5, 2026 762 Views 0 comment Print

The High Court set aside an ITC reversal demand after finding that no date, time, or venue for personal hearing was communicated. The ruling underscores that statutory hearing requirements must be strictly followed before confirming GST demands.

Bombay HC Quashed Section 148 Reassessment Notice for Approval by Wrong Authority

February 5, 2026 957 Views 0 comment Print

The issue was whether reassessment proceedings could continue when sanction was granted by an incorrect authority. The Court ruled that lack of approval from the designated authority vitiated the entire reassessment.

Estimated Commission Addition Cannot Trigger Concealment Penalty: ITAT Mumbai

February 5, 2026 366 Views 0 comment Print

Relying on jurisdictional High Court precedent, the Tribunal ruled that penalty is unsustainable when additions are based on estimation. The decision reinforces limits on penalty in such cases.

Retracted Third-Party Statement Alone Insufficient for Section 68 Addition: ITAT Mumbai

February 5, 2026 1653 Views 0 comment Print

The ruling addressed conflicts between documentary proof of loans and third-party allegations of accommodation entries. The Tribunal held that unsupported allegations cannot override evidence establishing genuine loan transactions.

Madras HC Sets Aside Time-Bar Rejection of GST Appeal Filed Under Court Liberty; Orders Bank Account De-freezing

February 5, 2026 522 Views 0 comment Print

The High Court held that an appeal filed pursuant to its earlier order could not be dismissed on limitation. The rejection was set aside and the matter was remanded for fresh consideration.

J&K&L HC Sets Aside GST Orders by Consent, Grants Fresh Hearing on 10% Deposit

February 5, 2026 426 Views 0 comment Print

The High Courtquashed a best judgment assessment and related appellate order after finding consensus on denial of hearing. The matter was remanded for fresh adjudication with a speaking order, subject to a 10% pre-deposit.

Calcutta HC Quashes GST Order for Ignoring GSTR-3B & GSTR-9 Data on ITC Reversal

February 5, 2026 819 Views 0 comment Print

The High Court quashed both adjudication and appellate orders after finding that GST return data was not examined. The matter was remanded for fresh decision with opportunity of hearing.

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