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Archive: 02 May 2026

Posts in 02 May 2026

Section 234E TDS Late Fee Invalid for Pre-2015 Period Due to Lack of Legal Provision

May 2, 2026 12 Views 0 comment Print

The tribunal held that no late fee under Section 234E can be imposed for periods prior to 1 June 2015 due to absence of enabling provisions in Section 200A. The levy was deleted following consistent judicial precedents.

ITAT Delhi Restores Appeal as Hyper-Technical View on Delay Defeated Justice

May 2, 2026 81 Views 0 comment Print

The Tribunal held that dismissal of appeal solely on limitation without considering bona fide reasons was unjustified. It restored the matter for adjudication on merits, emphasizing a liberal approach.

GST SCN Invalid If Multiple Years Clubbed: Bombay HC

May 2, 2026 66 Views 0 comment Print

The Court held that combining multiple financial years in a single show cause notice violates the CGST Act scheme. It quashed the notice and allowed fresh issuance as per law.

Customs Penalty Set Aside Due to Lack of Evidence Linking Broker to Fraudulent Exports

May 2, 2026 60 Views 0 comment Print

The tribunal held that penalties cannot be imposed without direct evidence connecting the appellant to alleged overvalued exports. Mere suspicion and assumptions were found insufficient.

Assessment Set Aside Due to Need for Fresh Examination of Books & Fair Hearing: ITAT Delhi

May 2, 2026 63 Views 0 comment Print

The Tribunal set aside the assessment after noting that books of accounts were not produced and required reconsideration. It directed a fresh decision with proper opportunity, emphasizing procedural fairness.

Bombay HC: Multiple GST Refund Claims Allowed; Technical Grounds No Bar

May 2, 2026 84 Views 0 comment Print

The case addressed whether a second GST refund application is maintainable when a prior claim covered the same period. The Court held that no statutory bar exists under Section 54(1), and rejection on technical grounds was invalid.

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