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October 3, 2026   Case Laws GST
Bail in CGST prosecution: completed investigation and documentary evidence supported release subject to safeguards against trial interference.
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.

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Home › Highlights › VAT and Sales Tax › 2021 › September, 2021 › This
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VAT and Sales Tax

Reopening of concluded assessments - Under Rule 26-A of the OST...

Rule 26-A: No Legal Basis for Recomputing Tax After Document Preservation Period Exceeds Three Years or Final Order.

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VAT and Sales Tax September 4, 2021 Case Laws HC
Reopening of concluded assessments - Under Rule 26-A of the OST Rules, a registered dealer is expected to preserve books of account and other documents including bills, credit and cash memoranda, invoices and vouchers, etc. relating to the business of any year for a period of three years thereafter or for a period of 12 months after finalization of the order of assessment or penalty in appeal, revision or reference for the year to which it relates, whichever is later - As far as the present case is concerned, even if the aforementioned periods of limitation have been crossed, there is no legal basis for the Department in the present case to have sought to re-compute the tax, surcharge and interest payable by the Petitioner for the aforementioned periods. - HC
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