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Archive: 02 May 2026

Posts in 02 May 2026

The Doctrine of Statutory Prerogative: An Expanded Analysis of the Gujarat High Court’s Verdict on Section 16(2)(C) of CGST Act 2017

May 2, 2026 2205 Views 0 comment Print

The issue was whether buyers can claim ITC when suppliers default on tax payment. The court upheld denial, emphasizing ITC is conditional on actual tax payment.

Wrong Section Claim Not Fatal: ITAT Remands Matter & Nullifies Penalty

May 2, 2026 219 Views 0 comment Print

The issue was denial of capital gains exemption due to claim under wrong section. The tribunal held that a genuine claim cannot be rejected merely for citing an incorrect provision and remanded the case.

GSTAT Appeal – Section 112: Maintainability, Limitation, Pre-Deposit & FORM GST APL-05

May 2, 2026 558 Views 0 comment Print

The article explains when GSTAT appeals are maintainable and outlines key filing conditions. It highlights timelines, pre-deposit rules, and procedural requirements for valid appeals.

Penalty U/s 270A Quashed: No Specific Charge of “Misreporting” = No Penalty

May 2, 2026 543 Views 0 comment Print

The issue was whether penalty for misreporting can be imposed without specifying the applicable clause. The tribunal held such penalty invalid and ordered its deletion.

Sale Deeds Invalid as Power of Attorney Not Proved Through Proper Evidence: SC

May 2, 2026 543 Views 0 comment Print

The Court held that a photocopy of a power of attorney cannot be relied upon without fulfilling legal requirements for secondary evidence. As the authority to sell was not established, the sale deeds were declared invalid.

Private Premises Can’t Be Turned Into Unregulated Congregational Space: Allahabad HC

May 2, 2026 330 Views 0 comment Print

The issue involved seeking permission for regular religious gatherings at private premises. The Court held that such use is not protected if it affects public order and can be regulated. The key takeaway is that private worship is allowed, but organized gatherings are subject to legal restrictions.

Gujarat HC stays IBBI order of 2 years suspension

May 2, 2026 462 Views 0 comment Print

The Court examined whether the matter required immediate intervention. It held that the issues deserved consideration and granted ad-interim relief. This ensures status quo until final adjudication.

Gauhati HC on a humane approach & powers of Commissioner under Section 264

May 2, 2026 705 Views 0 comment Print

The Court noted that the taxpayer could not upload large volumes of documents due to technical limits. It held that authorities should adopt a practical and humane approach, including on-site verification. Failure to do so vitiates proceedings.

TDS & TCS Changes from 1st April 2026

May 2, 2026 36624 Views 1 comment Print

The reform consolidates TDS provisions into a structured system and introduces digital compliance mechanisms. It enhances clarity, reduces errors, and improves reporting efficiency.

Reassessment Quashed for Wrong Sanction: ITAT Bangalore Strikes Down 147 Order for Breach of Section 151

May 2, 2026 243 Views 0 comment Print

The issue was whether reassessment notice issued without approval from the correct authority is valid. The tribunal held it invalid and quashed the assessment for lack of jurisdiction.

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