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Archive: 04 April 2026

Posts in 04 April 2026

GST Penalty Order Quashed for Passing Before Reply Deadline Expired: P&H HC

April 4, 2026 429 Views 0 comment Print

The Court held that issuing an order before the reply deadline violates natural justice. Even if penalty is paid, authorities must consider objections and pass a reasoned order.

Cross-Charge Valid for Common ITC Distribution Before April 1, 2025: Karnataka HC

April 4, 2026 543 Views 0 comment Print

The Court ruled that authorities cannot deny ITC by disregarding binding CBIC circulars. It held that cross-charging of ITC is legally permissible alongside ISD.

GST Summons to Director Challenged for Alleged Harassment of Director

April 4, 2026 327 Views 0 comment Print

The Court examined whether repeated summons to a director amounted to misuse of power. It held that while authorities can summon individuals, such power must not be exercised arbitrarily or for harassment.

Representation for enhancement of monetary limit for SMC cases before ITAT

April 4, 2026 1056 Views 0 comment Print

A representation seeks doubling the SMC threshold due to inflation and higher dispute values. The key takeaway is that increasing limits could speed up appeal disposal and reduce backlog.

Higher Rank, Higher Accountability – SC Restores Dismissal, Rejects Parity with Co-Delinquents

April 4, 2026 381 Views 0 comment Print

The issue was whether equal punishment must apply to co-delinquents. The Court held that higher responsibility justifies stricter punishment, restoring dismissal and rejecting parity claims.

No 143(2) Notice, No Reassessment: ITAT Quashes Proceedings Despite Delayed ITR

April 4, 2026 747 Views 0 comment Print

The Tribunal held the assessment invalid as no mandatory notice under Section 143(2) was issued. The key takeaway is that absence of such notice renders the entire assessment void.

FEMA SCN Set Aside – SC Holds Adjudication Cannot Override Competent Authority Findings Pending Appeal

April 4, 2026 576 Views 0 comment Print

The Supreme Court held that where the Competent Authority finds no basis for seizure, the foundation of the SCN collapses. It ruled that proceedings cannot continue without jurisdictional facts.

GST Section 74 Not for System Mismatches: What Sterling & Wilson Case Means for Taxpayers

April 4, 2026 1269 Views 0 comment Print

The Tribunal held that mismatch alone does not prove fraud under Section 74. The key takeaway is that penal provisions cannot be invoked without evidence of intent to evade tax.

Valuation in case of recipient given goods or services to supplier for free of cost

April 4, 2026 483 Views 0 comment Print

The issue concerns whether free-of-cost supplies should be added to taxable value. The takeaway is that inclusion applies only when such supplies are part of the supplier’s contractual obligation.

Spillover Effect Dead Ends: SC’s Flipkart Verdict, Quashed AO Orders & Dawn of Income Tax Act 2025

April 4, 2026 1206 Views 0 comment Print

The Supreme Court set aside the NCLAT order for relying on a non-existent quasi-judicial income tax order. The key takeaway is that the matter must be reconsidered afresh following settled competition law principles.

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