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Judiciary

Reassessment Quashed for Invalid Sanction u/s 151: Approval by PCIT Instead of PCCIT Held Void

January 22, 2026 1134 Views 0 comment Print

The reassessment was challenged for lacking approval from the correct authority under Section 151 after three years. The Tribunal held that sanction by an incorrect authority vitiates jurisdiction, rendering the reassessment void.

GST Not Payable on Statutory Fees Collected by Electricity Regulators: P&H HC

January 22, 2026 765 Views 0 comment Print

The Court held that petition, ARR processing, and licence fees collected while performing statutory regulatory functions do not constitute taxable supply under GST, leading to quashing of the show cause notice.

Corporate Guarantee to Subsidiary Under GST Lens: Bombay HC to Decide

January 22, 2026 609 Views 0 comment Print

The Court will examine whether corporate guarantees issued by a parent company to its subsidiaries amount to a taxable supply under GST, while granting interim protection against coercive action.

Change of SFIO Probe is Procedural, Not Review: NCLAT Chennai

January 22, 2026 1299 Views 0 comment Print

The appellate tribunal held that substituting the investigating agency did not amount to a review or recall. Since the original investigation order remained intact, the appeal was dismissed.

CA Withdraws Appeal as Final Removal Order Not First Challenged Before Single Judge

January 22, 2026 534 Views 0 comment Print

The High Court held that a direct appellate challenge to the final removal order was not maintainable. The appeal was withdrawn with liberty to file a fresh writ against the removal order.

Service Tax Demand After Death Unsustainable; Legal Heir Not Covered u/s 65(7): Orissa HC

January 22, 2026 681 Views 0 comment Print

Orissa High Court held that legal heir cannot fall within ken of Section 65(7) of the Finance Act, 1994 hence proceedings under section 73 of the Finance Act determining service tax after the death of the service provider is unsustainable in law. Accordingly, the present writ petition is allowed.

GST Order Cannot Go Beyond SCN; Statutory Breach Not Technical: Calcutta HC

January 22, 2026 1326 Views 0 comment Print

The High Court held that a GST adjudication order cannot be based on grounds not mentioned in the show cause notice. Both adjudication and appellate orders were set aside for violating Section 75(7).

Income Tax Recovery Without Supplying Assessment Order Copy Invalid: Delhi HC

January 22, 2026 528 Views 0 comment Print

The Court ruled that recovery of tax without supplying the assessment order lacks authority of law. Refund with interest was directed unless the order is traced and served by a specified date.

Section 87A Rebate Cannot Be Denied for STCG and LTCG: ITAT Indore

January 22, 2026 6339 Views 0 comment Print

The Tribunal held that Section 87A rebate applies to STCG and LTCG taxed under Sections 111A and 112 when income is within ₹7 lakh. The denial based on system logic and future amendments was rejected.

Plaint Rejected: NCLT, Not Civil Court, Has Jurisdiction over Debt & Fraud: Delhi HC

January 22, 2026 795 Views 0 comment Print

Delhi High Court held that issues relating to debt and fraud is within the jurisdiction of NCLT to be determined in accordance with IBC. Resultantly, the power of a civil court to entertain the present suit is, therefore, statutorily barred. Accordingly, the plaint is rejected.

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