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Judiciary

Interactive Flat Panel classified under CTH 8471 and its parts under CTH 8473

January 28, 2026 1227 Views 0 comment Print

CESTAT Chennai held that interactive flat panel is classified under CTH 8471 and their parts under CTH 8473 since revenue has not succeeded in discharging its burden. Accordingly, appeal is allowed and order is set aside.

Criminal proceedings against executive officer acting as quasi judicial authority is untenable

January 28, 2026 435 Views 0 comment Print

Patna High Court held that Executive Officer acting as a quasi judicial authority would fall within the ambit of the term Judge under Judges (Protection) Act, 1985 hence shielded and accordingly, no civil or criminal proceedings can be initiated.

Delhi HC Allowed GST ITC Refund as Services Not Intermediary but Exported

January 28, 2026 1020 Views 0 comment Print

Authorities erred in treating direct consultancy services as intermediary supplies. The ruling confirms refunds where the supplier provides the main service on its own account.

GST-Linked Forgery Case: Bail Allowed Custodial Interrogation Found Unnecessary

January 28, 2026 3417 Views 0 comment Print

llegations of forged invoices and wrongful ITC claims did not justify custodial interrogation. The court extended anticipatory bail with strict conditions.

No IPC Trial for GST Offences Covered by Special Statute: P&H HC

January 28, 2026 948 Views 0 comment Print

The court held that GST laws form a complete code for tax evasion offences. Parallel prosecution under the IPC was quashed to prevent double jeopardy.

GST Penalty Notice Invalid Where Jurisdiction Not Clearly Established: AP HC

January 28, 2026 1008 Views 0 comment Print

The High Court quashed a Section 122 show cause notice due to jurisdictional issues. The ruling allows the department to issue a fresh notice in accordance with law.

GST Show Cause Notice Questioned for Being Issued by Wrong Authority

January 28, 2026 450 Views 0 comment Print

The court flagged a conflict between circular instructions and ground-level officer availability. Final orders cannot be enforced without court approval.

GST Adjudication Upheld as Proper Officer Was Validly Empowered

January 28, 2026 666 Views 0 comment Print

The court held that the Deputy Commissioner had valid jurisdiction under Section 74 due to lawful sub-delegation by the Commissioner. The key takeaway is that administrative orders can validly assign GST adjudicatory functions.

Delhi HC Quashed Reassessment Notice as Time-Barred for Crossing Ten-Year Limit

January 28, 2026 801 Views 0 comment Print

Reassessment was struck down as no satisfaction note by the searched person’s AO was shown. The ruling reiterates that limitation cannot be bypassed through procedural shortcuts.

HUF TDS Credit Dispute Sent Back to AO for Member-Level Verification

January 28, 2026 1086 Views 0 comment Print

The Tribunal held that denial of TDS credit solely on mismatch grounds requires factual verification. The Assessing Officer must examine whether the individuals in whose names TDS was deducted have already claimed the credit.

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