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    October 3, 2026   Case Laws GST
    Statutory GST appeals remain the appropriate remedy where exemption claims lack substantiation during adjudication proceedings.
    October 3, 2026   Case Laws GST
    Ex parte GST assessment permits fresh adjudication subject to reply and disputed-tax pre-deposit despite expired appellate limitation.
    October 3, 2026   Case Laws GST
    Input tax credit blocking requires use of the prescribed unblocking remedy before writ relief, especially after demand proceedings.
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    October 3, 2026   Case Laws GST
    Blocked input tax credit for resort construction remains unavailable; interest follows actual utilisation, while delayed payment attracts statutory pe...
    October 3, 2026   Case Laws GST
    Detention authority ends when transit ends; curable e-way bill omissions cannot justify penalties without tax-evasion intent.
    October 3, 2026   Case Laws GST
    Revised anti-profiteering methodology permits project-level ITC recalculation, requiring homebuyer refunds with interest while excluding retrospective...
    October 3, 2026   Case Laws GST
    Technical transport-document discrepancies cannot justify tax penalties without reliable evidence of deliberate contravention and intent to evade tax.
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    Transfer-pricing comparability under TNMM permits turnover filtering and depreciation-adjusted cash profit indicators where functional differences mat...
    October 3, 2026   Case Laws Income Tax
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    October 3, 2026   Case Laws Income Tax
    Prima facie limitation challenges and high-pitched reassessments can justify full recovery stays pending independent appellate determination.
    October 3, 2026   Case Laws Income Tax
    Late reassessment returns remain valid where no statutory bar applies, requiring Section 143(2) notice before assessment.
    October 3, 2026   Case Laws Income Tax
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    October 3, 2026   Case Laws Income Tax
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October 3, 2026   Case Laws GST
Statutory GST appeals remain the appropriate remedy where exemption claims lack substantiation during adjudication proceedings.
October 3, 2026   Case Laws GST
Ex parte GST assessment permits fresh adjudication subject to reply and disputed-tax pre-deposit despite expired appellate limitation.
October 3, 2026   Case Laws GST
Input tax credit blocking requires use of the prescribed unblocking remedy before writ relief, especially after demand proceedings.
October 3, 2026   Case Laws GST
Input tax credit on unpaid consideration attracts interest despite later financial credit-note settlement and retained credit entitlement.
October 3, 2026   Case Laws GST
Blocked input tax credit for resort construction remains unavailable; interest follows actual utilisation, while delayed payment attracts statutory penalty.
October 3, 2026   Case Laws GST
Detention authority ends when transit ends; curable e-way bill omissions cannot justify penalties without tax-evasion intent.
October 3, 2026   Case Laws GST
Revised anti-profiteering methodology permits project-level ITC recalculation, requiring homebuyer refunds with interest while excluding retrospective penalties.
October 3, 2026   Case Laws GST
Technical transport-document discrepancies cannot justify tax penalties without reliable evidence of deliberate contravention and intent to evade tax.
October 3, 2026   Case Laws GST
GSTR return mismatches require liability verification, with reasoned reconsideration where tax, interest, penalty, and credit issues remain unresolved.
October 3, 2026   Case Laws GST
Expired e-way bills alone do not establish tax-evasion intent, requiring independent evidence before GST penalties may be imposed.
October 3, 2026   Case Laws Income Tax
Reassessment objections must be decided before scrutiny, and assessment notices cannot issue during the four-week challenge period.
October 3, 2026   Case Laws Income Tax
Duplicate PAN allocation requires record verification and deactivation reasons before assessment-related transactions can be attributed to an assessee.
October 3, 2026   Case Laws Income Tax
Transfer-pricing comparability under TNMM permits turnover filtering and depreciation-adjusted cash profit indicators where functional differences materially affect margins.
October 3, 2026   Case Laws Income Tax
Faceless assessment safeguards require requested personal hearings and adequate final show-cause response time, failing which reassessment is required.
October 3, 2026   Case Laws Income Tax
Prima facie limitation challenges and high-pitched reassessments can justify full recovery stays pending independent appellate determination.
October 3, 2026   Case Laws Income Tax
Late reassessment returns remain valid where no statutory bar applies, requiring Section 143(2) notice before assessment.
October 3, 2026   Case Laws Income Tax
Regional Rural Bank deeming fiction preserves co-operative deduction and limits revision of correct assessments under income-tax law.
October 3, 2026   Case Laws Income Tax
Stock-in-trade valuation permits banks to value Government securities at cost or market value, protecting depreciation claims.
October 3, 2026   Case Laws Income Tax
Source-based taxation of technical service fees requires withholding despite third-party foreign grant payments discharging contractual liability.
October 3, 2026   Case Laws Income Tax
Independent penalty proceedings bar assessment revision solely for non-initiation of under-reporting penalties in completed assessments.

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Home › Highlights › Central Excise › 2026 › October, 2026 › This
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Central Excise

Known departmental attachments in a SARFAESI auction constitute...

Known encumbrances in SARFAESI auctions remain payable before property can be delivered free of departmental attachments.

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Central Excise October 6, 2026 Case Laws HC
Known departmental attachments in a SARFAESI auction constitute encumbrances where entered in the encumbrance certificate and restrict alienation, transfer and further charges. Rules 9(6) to 9(10) require disclosure of known encumbrances and allow delivery free of them only after deposit of the amount required for discharge. Secured-creditor priority over Government dues governs recovery of secured debt but does not displace that mandatory sale procedure. Accordingly, a disclosed departmental attachment cannot be removed from the encumbrance certificate, nor can an auction purchaser avoid the associated dues, unless they are discharged. A secured creditor is not functus officio while any part of its debt remains unrecovered and enforcement continues.
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