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Judiciary

DRAT Refuses to Condon Delay in Challenging Ex-Parte Decree; Recovery Order Upheld

January 11, 2026 417 Views 0 comment Print

The tribunal dismissed the appeal, confirming that repeated failure to file written statements despite ample opportunity validates ex-parte recovery orders.

GST Refund Dispute Remanded as Authorities Ignored Later Rule 96(10) Omission

January 11, 2026 510 Views 0 comment Print

The High Court set aside GST refund rejection orders after noting that Rule 96(10) was omitted without saving pending proceedings and remanded the matter for fresh adjudication.

No Dispatch Proof Doesn’t Automatically Mean No Hearing in ITC Fraud Cases: Delhi HC

January 11, 2026 447 Views 0 comment Print

The High Court held that inability to trace proof of dispatch of hearing notices does not automatically establish denial of personal hearing, especially in ITC fraud cases.

Section 56(2)(x) Inapplicable to Business Inventory: ITAT Mumbai

January 11, 2026 927 Views 0 comment Print

The Tribunal set aside a ₹18.48 crore addition under Section 56(2)(x) after noting that the nature of the property as stock-in-trade was never examined. The matter was remanded to verify whether the asset was business inventory, in which case the provision would not apply.

Order Set Aside for Reconsideration Over Overlapping ITC Disallowance

January 11, 2026 357 Views 0 comment Print

The court found a prima facie overlap between excess ITC due to non-reconciliation and ITC disallowed under Section 16(4), directing partial pre-deposit and fresh adjudication.

GST Recovery Reopened for Fresh Decision Due to Overlapping Proceedings

January 11, 2026 846 Views 0 comment Print

The High Court found prima facie overlap between two assessment proceedings for the same tax period. The demand was remitted for fresh consideration after allowing the taxpayer to file a reply.

Bombay HC Quashed GST Orders Due to Reliance on Repealed Rule 96(10)

January 11, 2026 759 Views 0 comment Print

The Bombay High Court set aside GST orders as they were based solely on Rule 96(10), which was omitted without a saving clause, and remanded no further action under that rule.

Transfer Pricing Adjustment Deleted for Cost-to-Cost Reimbursements: ITAT Chennai

January 11, 2026 774 Views 0 comment Print

The Tribunal held that mere facilitation of third-party payments to an associated enterprise does not constitute a service. As no value addition was involved, applying a markup on reimbursements was found unsustainable.

Madras HC Restored GST Registration Due to Ill-Health & Financial Hardship

January 11, 2026 585 Views 0 comment Print

The Court restored GST registration after accepting that non-filing of returns for six months was caused by genuine illness and financial constraints. Restoration was granted subject to strict compliance conditions.

DART Kolkata Set Aside DRT Order for Ignoring Proof of Statutory Sale Notice Service

January 11, 2026 306 Views 0 comment Print

The appellate tribunal held that the bank had duly served, published, and affixed the sale notice as required under Rule 8(6). It ruled that the DRT erred in cancelling the auction despite full statutory compliance.

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