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Archive: 18 March 2026

Posts in 18 March 2026

Complete Guide to GST Refund Under Section 54: Zero-Rated, IDS & Key Judgments

March 18, 2026 2607 Views 0 comment Print

Section 54 provides a complete framework for GST refunds, including timelines and conditions. Courts have clarified strict compliance and limited scope for equitable relief.

Can GST registration be cancelled retrospectively without even proposing such action in SCN?

March 18, 2026 810 Views 0 comment Print

Court held retrospective cancellation invalid if not proposed in show cause notice. Key takeaway: Proper notice is mandatory for valid action.

Sec 68 Addition Set Aside – Documentary Evidence Accepted; Matter Remanded for Loan Repayment Verification

March 18, 2026 243 Views 0 comment Print

Tribunal set aside addition as the assessee established genuineness of loans through documentary evidence. However, it remanded the case to verify whether loans were repaid.

Writ Petition Dismissed as DRT Order Appealable Under SARFAESI Act: AP HC

March 18, 2026 798 Views 0 comment Print

The High Court held that DRT orders are appealable under Section 18 of the SARFAESI Act. It ruled that writ jurisdiction cannot be invoked without exhausting the statutory remedy.

Recourse to residuary provision 37(1) not justified as provision u/s. 35D for amortization of preliminary expense exists

March 18, 2026 234 Views 0 comment Print

ITAT Kolkata held that professional fees for works related to acquisition of new unit or expansion of existing undertaking is governed by provisions of section 35D of the Income Tax Act. Thus, since there is a specific provision u/s. 35D for amortization of certain preliminary expenses, the recourse could not have been had to the residuary provision of section 37(1) of the Act.

Penalty U/s 271(1)(c) Deleted Due to Defective Notice – No Specific Charge Mentioned

March 18, 2026 246 Views 0 comment Print

Dazzler Confectionery Company Vs ITO (ITAT Mumbai) Penalty u/s 271(1)(c) Deleted Due to Defective Notice – No Specific Charge Mentioned AO levied penalty of ₹44.79 lakh u/s 271(1)(c) on disallowances relating to pre-operative expenses & 35D deduction. Penalty notice u/s 274 was issued using “concealment OR furnishing inaccurate particulars” without specifying the exact charge. Assessee […]

GSTAT Procedure Rules, 2025: Comprehensive Guide with Practical Scenarios

March 18, 2026 2508 Views 0 comment Print

The GSTAT Rules, 2025 provide a complete framework for GST appeals, including filing, hearings, and compliance. They establish a structured and digital dispute resolution system.

GSTAT Forms: Complete Guide with Templates & Case Scenarios

March 18, 2026 5439 Views 0 comment Print

This guide explains all GSTAT forms, procedures, and timelines for filing appeals. Key takeaway: Proper use of forms and compliance ensures effective appellate remedies.

Legislative Assembly Speaker doesn’t enjoy constitutional immunity from judicial scrutiny under Article 122 and 212

March 18, 2026 255 Views 0 comment Print

Supreme Court held that Legislative Assembly Speakers acts as a Tribunal under the Tenth Schedule to the Constitution and doesn’t enjoy the constitutional immunity from judicial scrutiny under Article 122 and 212 of the Constitution. Accordingly, the petition is allowed.

1040 vs 1040 NR – Understanding Which Tax Return You Need to File

March 18, 2026 636 Views 0 comment Print

This guide explains how to determine whether to file Form 1040 or 1040NR based on tax residency. Key takeaway: Correct residency status ensures accurate tax filing.

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