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Archive: 16 April 2026

Posts in 16 April 2026

ICAI Removes Member for One Year Due to Proven Professional Misconduct

April 16, 2026 60 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.

Madras HC Allows Time-Barred GST Appeal Citing Minor 9-Day Delay & Illness

April 16, 2026 285 Views 0 comment Print

The issue was rejection of an appeal filed beyond the condonable period under GST law. The Court allowed reconsideration due to a minor nine-day delay supported by valid reasons.

No Proof of Importer’s Role in MRP Alteration: CESTAT Sets Aside CVD Demand

April 16, 2026 123 Views 0 comment Print

The Tribunal held that differential CVD cannot be demanded without evidence linking the importer to MRP alteration. Allegations based on assumptions and third-party actions were rejected.

No Service Tax Penalty if Tax & Interest Paid Pre-SCN & No Intent to Evade: CESTAT Hyderabad

April 16, 2026 117 Views 0 comment Print

The Tribunal held that no penalty is leviable where service tax and interest are paid before issuance of notice. Absence of fraud or suppression entitled the assessee to relief.

Section 271(1)(c) Penalty Invalid as AO Failed to Specify Charge: ITAT Delhi

April 16, 2026 180 Views 0 comment Print

The ITAT held that penalty proceedings are invalid where the Assessing Officer does not specify whether the charge is concealment or inaccurate particulars. The penalty was quashed due to lack of clarity and inconsistency.

CESTAT Allows Cenvat Credit on Pre-01.04.2011 Services; Invoice Timing Irrelevant if Services Rendered Earlier

April 16, 2026 132 Views 0 comment Print

The issue was denial of credit due to post-amendment invoicing. The Tribunal held that credit is admissible since services were completed before the cut-off date.

Appeal by Suspended Director in Corporate Debtor’s Name Not Maintainable Post-CIRP: SC

April 16, 2026 105 Views 0 comment Print

**SEO Description:** Supreme Court holds that an appeal filed by a suspended director in the name of the corporate debtor after admission of CIRP is not maintainable. It rules that such a fundamentally incompetent appeal cannot be cured or converted after expiry of limitation under Section 61(2) of the IBC, and sets aside NCLAT’s contrary approach.

SC Upholds Condonation of Form 10B Delay as delay was Due to Honest Oversight by CA 

April 16, 2026 342 Views 0 comment Print

The Supreme Court declined to interfere with the High Court’s order condoning delay in filing Form 10B. It upheld that a genuine explanation and completed compliance justified relief.

Bombay HC Condones Form 10B Filing Delay Due to CA’s Unawareness of New Online System

April 16, 2026 345 Views 0 comment Print

The Court condoned a 687-day delay in filing Form 10B, accepting the explanation of unintentional oversight in online filing. It held that denial of exemption due to such delay would be unjust, especially for a charitable trust.

ITAT Remands Sec 68 Addition; Possible Loan Reclassification to Be Verified, No Automatic Addition

April 16, 2026 483 Views 0 comment Print

The Tribunal examined whether an increase in loans was due to fresh borrowing or reclassification. It remanded the matter for verification, holding that no addition is warranted if no new funds were received.

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