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Judiciary

Rectification Rejection Quashed for Ignoring FIRC Evidence & Precedent

February 1, 2026 651 Views 0 comment Print

Appellate authorities could not summarily dismiss applications without verifying the actual submissions made by the taxpayer as for service exporters, FIRCs and BRCs were the gold standard for proving that services were exported, and proceeds were realized in convertible foreign exchange.

No 194C Disallowance for Missing Transporter Details; Directors’ Bonus Issue Remanded

February 1, 2026 489 Views 0 comment Print

Failing to report transporter details in your quarterly TDS return was a procedural error, not a tax deduction failure. Since assessee was not liable to deduct tax (thanks to the declarations), Section 40(a)(ia)—which applied only when tax is deductible but not deducted—could not be invoked.

Exemption to Gujarat Trust Cannot Be Denied for Late Form 10 Filing: Gujarat HC

February 1, 2026 354 Views 0 comment Print

The court ruled that delayed filing of Form 10 for income accumulation cannot defeat exemption when substantive conditions are met. Rejection of condonation was held unsustainable.

Section 11 Exemption Can’t Be Denied for Delay in Filing Form 10B: Gujarat HC

February 1, 2026 420 Views 0 comment Print

The court held that late electronic filing of Form 10B is a procedural lapse that should not defeat charitable exemption. Orders rejecting condonation on technical grounds were quashed.

Section 11 Exemption Allowed Despite Delay in Form 10B Filing: Gujarat HC

February 1, 2026 573 Views 0 comment Print

The court held that late filing of Form 10B is a procedural lapse and does not automatically bar charitable exemption. Substantial compliance before appellate proceedings was found sufficient.

GST Appeal Delay Must Run from Online Refund Application Date, Not Certified Copies: Gujarat HC

February 1, 2026 399 Views 0 comment Print

The High Court set aside dismissal of GST refund appeals where delay was computed based on submission of certified copies. The ruling directs fresh adjudication on merits after hearing.

GST Appeal cannot be Dismissed for mere late filing of certified copy: Calcutta HC

February 1, 2026 369 Views 0 comment Print

The High Court set aside dismissal of a GST appeal rejected for late filing of a certified copy. The ruling holds that timely online filing should not be defeated by hyper-technical objections.

Central GST Action Invalid Where State Authorities Already Initiated Inquiry: HP HC

February 1, 2026 564 Views 0 comment Print

The High Court set aside blocking of Input Tax Credit where State tax authorities had already initiated proceedings on the same subject matter. The ruling holds that parallel action by central authorities violates Section 6(2)(b) of the CGST Act.

Gujarat HC Allows Refund of Protested GST Interest on Leasehold Assignment

February 1, 2026 618 Views 0 comment Print

Gujarat High Court holds refund claims maintainable for interest paid under protest on wrongly demanded GST for assignment of leasehold rights, quashing mechanical rejection via RFD-03.

Section 80GGC Political Donation: Penalty Upheld despite Deduction Withdrawal After Reopening

February 1, 2026 6198 Views 0 comment Print

The Tribunal ruled that withdrawing a deduction in response to a Section 148 notice does not erase underreporting. Penalty for misrepresentation under Section 270A was upheld.

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