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Archive: April, 2026

Posts in April, 2026

Professionals Not Liable for GST Fraud Without Active Role Gujarat HC

April 23, 2026 1038 Views 0 comment Print

The Court held that arrest under GST requires clear evidence of fraudulent intent and active involvement. Mere association with disputed transactions is insufficient. The key takeaway is that mens rea is essential before invoking arrest provisions.

Procedure for Issue of Share Certificates After Incorporation Under Companies Act, 2013

April 23, 2026 1381 Views 0 comment Print

This guide explains the legal steps for issuing share certificates after incorporation. It highlights timelines, board approvals, and compliance requirements. The key takeaway is that timely issuance and proper documentation are mandatory.

No Extended Limitation Without Mens Rea: CESTAT Chandigarh

April 23, 2026 306 Views 0 comment Print

The Tribunal held that the extended limitation period cannot be invoked without proving intent to evade tax. Since no fraud, suppression, or wilful misstatement was established, the demand was time-barred. The key takeaway is that limitation cannot be stretched merely due to audit findings.

No Double GST Recovery/Demand If Tax Already Paid: Telangana HC

April 23, 2026 726 Views 0 comment Print

The Court found that tax already paid cannot be demanded again through adjudication proceedings. It allowed the taxpayer to seek rectification with proof of payment.

Telangana HC Allows Manual Revocation of GST Registration Despite Time Bar

April 23, 2026 345 Views 0 comment Print

The Court allowed the taxpayer to seek revocation even after expiry of the statutory timeline. It directed authorities to consider delay condonation and decide the matter on merits.

GST on Restaurants, Lodges, Marriage Halls and Pilgrim Rooms

April 23, 2026 2583 Views 0 comment Print

This guide explains GST rates, composition scheme eligibility, and new hotel tariff slabs. It highlights how ITC restrictions and tariff thresholds impact tax liability. The key takeaway is to choose schemes based on overall tax efficiency, not just lower rates.

Bona Fide GST Return Corrections Cannot Be Denied: Karnataka HC Landmark Ruling

April 23, 2026 858 Views 0 comment Print

The Court held that genuine errors in returns can be corrected despite statutory deadlines. Technical timelines cannot override accurate tax reporting.

No Coercive GST Recovery Without Adjudication: Allahabad High Court

April 23, 2026 444 Views 0 comment Print

The Court held that tax authorities cannot coerce payment when no demand has been raised. It directed cooperation in investigation while protecting the taxpayer from undue pressure.

GDCL not authorised to sell asset of JUL without ownership rights: Directs verification and payment of dues of workers of JUL

April 23, 2026 558 Views 0 comment Print

Supreme Court held that post repeal of SICA and non-invocation of IBC, Gannon Dunkerley & Co. Ltd. (GDCL) didn’t possess ownership rights to sell assets of Jaipur Udyog Ltd (JUL). Further, Court directed to verify and make payment of long-standing dues of workers of JUL.

Penalty Imposed for Failure to File PAS-3 Details Under Rule 14(6)

April 23, 2026 438 Views 0 comment Print

The adjudicating authority imposed penalties after finding incomplete filing of PAS-3 details. The ruling confirms that such violations attract general penalty under Section 450 when no specific penalty exists.

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