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Archive: 13 April 2026

Posts in 13 April 2026

GST Confiscation Order Quashed Due to Absence of Mandatory Personal Hearing

April 13, 2026 522 Views 0 comment Print

The court examined whether confiscation under GST law can be ordered without hearing the affected party. It held that absence of personal hearing violates statutory requirements, making the order invalid.

Section 68 Not Applicable to Genuine Sales Transactions Supported by Documentation

April 13, 2026 744 Views 0 comment Print

The tribunal examined whether sales receipts can be treated as unexplained cash credits. It held that documented sales recorded in books cannot be taxed under Section 68.

Co-Ownership with PArents Not Enough for Unexplained Investment Addition: ITAT Mumbai

April 13, 2026 705 Views 0 comment Print

The Tribunal dismissed the challenge to reassessment proceedings as no arguments were presented by the assessee. The ruling highlights that absence of pleadings can lead to automatic rejection of grounds.

Section 80IA Deduction Allowed Due to Developer Role in Rail Signalling Projects: ITAT Nagpur

April 13, 2026 351 Views 0 comment Print

ACIT Vs Bharat Rail Automations Pvt. Ltd. (ITAT Nagpur) The appeal before the Income Tax Appellate Tribunal (ITAT), Nagpur, arose from an order passed by the Commissioner of Income Tax (Appeals) allowing deduction under Section 80IA(4) of the Income Tax Act, 1961 to the assessee for Assessment Year 2015–16. The assessee, engaged in design, development, […]

SC Dismissed Insolvency Plea as Prior Dispute Established Through Correspondence & Records

April 13, 2026 399 Views 0 comment Print

The Court held that ongoing disputes regarding defective goods and account reconciliation existed prior to the demand notice. It ruled that such disputes bar admission of insolvency proceedings under Section 9 of the IBC.

Service Tax Demand on Naval Vessels Repair Works Set Aside Due to Exemption

April 13, 2026 390 Views 0 comment Print

The tribunal examined whether repair and maintenance services provided to Naval Authorities are taxable. It held that such services are not liable to service tax as they are not linked to commercial activities.

CIRP Admitted Due to Established Loan Default Despite Pending Arbitration Challenge

April 13, 2026 579 Views 0 comment Print

The Tribunal held that default under the loan agreement existed independently of the arbitral award challenge. It ruled that absence of a stay on the award allows initiation of insolvency proceedings.

ICAI Removes Member for One Year Due to Proven Professional Misconduct

April 13, 2026 825 Views 0 comment Print

The issue involved disciplinary action for professional and other misconduct under the Chartered Accountants Act. The authorities held the member guilty, and the penalty of removal was upheld through appeal and enforced after court dismissal.

Prima Facie Involvement in GST Fraud & Fake Firm Case: Allahabad HC rejects Bail

April 13, 2026 678 Views 0 comment Print

The court denied bail after finding that the applicant’s involvement in the alleged GST fraud could not be ruled out based on investigation records. The ruling highlights that prima facie evidence and seriousness of allegations outweigh claims of false implication at the bail stage.

Homebuyer Cannot Retain Recovery Amount Due to Priority Rules Under IBC: NCLT Allahabad

April 13, 2026 312 Views 0 comment Print

The Tribunal held that allowing retention of the amount would amount to preferential recovery. It directed refund to the insolvency estate and limited the claim to the admitted amount.

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