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Archive: 04 April 2026

Posts in 04 April 2026

Ex-Parte GST Order on Wrong ITC Availment Set Aside Due to Lack of Opportunity to Respond

April 4, 2026 3831 Views 0 comment Print

The court set aside GST orders after finding both original and appellate proceedings were effectively ex-parte. It held that the taxpayer must be given an opportunity to reply to the show cause notice before adjudication.

Restriction to ₹3L Invalid After CBDT Raised Leave Encashment Limit to ₹25 Lakh

April 4, 2026 5556 Views 0 comment Print

The Tribunal addressed denial of leave encashment exemption restricted to ₹3 lakh. It held that the revised CBDT limit of ₹25 lakh applies, allowing full exemption within the threshold.

EOI Rejection Upheld Due to Failure to Meet Net Worth Criteria in CIRP

April 4, 2026 414 Views 0 comment Print

The tribunal upheld rejection of a resolution applicant’s EOI for not meeting the minimum net worth requirement set by the CoC. It ruled that MSME status does not exempt compliance with eligibility criteria fixed under IBC.

Payment Credit under SVLDR Scheme Cannot Be Denied for Accounting Head Mismatch

April 4, 2026 192 Views 0 comment Print

The Court held that payments cannot be denied credit merely because they were recorded under different accounting heads. It ruled that substantive relief under the Sabka Vishwas Scheme must prevail over technical classifications.

Delay Condonation Request Directed to Correct Jurisdiction After PAN Transfer

April 4, 2026 378 Views 0 comment Print

The Court directed the jurisdictional authority to consider the delay condonation request after PAN transfer. It held that the application must be decided in accordance with law.

Service Tax Demand Invalid Due to Reliance Solely on 26AS/ITR–ST-3 Mismatch

April 4, 2026 477 Views 0 comment Print

The case addresses whether discrepancies between ITR/Form 26AS and ST-3 returns can justify a Service Tax demand. The Tribunal held that without independent verification, such demands are unsustainable and must be set aside.

Dividend Stripping Disallowance Upheld as Section 94(7) Applies to Entire Dividend

April 4, 2026 255 Views 0 comment Print

The case examined whether disallowance under section 94(7) should be limited to exempt dividend. The Tribunal held that the provision applies to the full dividend received, rejecting the assessee’s claim.

GST Proceedings Revived as ITC Reversal During Inspection Found Non-Voluntary

April 4, 2026 327 Views 0 comment Print

The case examined whether ITC reversal made during inspection was voluntary. The Court held that the timing and presence of authorities indicated lack of voluntariness. It further restored proceedings to protect the Revenue’s statutory rights and allowed fresh action.

Settlement of Arbitration Award on Corporate Guarantee Deductible Under Section 37(1)

April 4, 2026 168 Views 0 comment Print

The case examined whether settlement of a corporate guarantee liability qualifies as business expenditure. The Tribunal held that the guarantee was given for business purposes and the resulting payment was allowable. 

Value Enhancement Invalid as NIDB Data Alone Cannot Replace Declared Transaction Value

April 4, 2026 165 Views 0 comment Print

The case examined whether transaction value can be rejected without inquiry. The Tribunal held that absence of investigation and proper procedure invalidates valuation enhancement.

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