Follow Us:

Archive: 05 May 2026

Posts in 05 May 2026

RSP-based Valuation under GST: Constitutional Limits & Structural Incompatibility

May 5, 2026 204 Views 0 comment Print

The issue concerns taxing goods based on retail price instead of actual transaction value. It highlights that such valuation lacks nexus with supply and may violate constitutional principles governing tax measures.

HC Awards ₹10 Lakh Compensation For Failure To Furnish Arrest Grounds in Writing

May 5, 2026 129 Views 0 comment Print

The case addressed whether arrest without written grounds violates constitutional safeguards. The Court held the arrest illegal and awarded compensation for unlawful detention. It reinforces mandatory compliance with arrest procedures.

Discrepancy In Stock And Action Under Section 130 of CGST Act, 2017

May 5, 2026 117 Views 0 comment Print

The ruling clarifies that unaccounted stock discovered in surveys should be assessed as tax liability under Sections 73 and 74. It holds that Section 130 confiscation proceedings are not applicable in such cases.

Reopening Invalid Due to Change of Opinion on Same Material: Bombay HC

May 5, 2026 129 Views 0 comment Print

The court examined whether reassessment could be initiated after four years based on existing records. It held that reopening founded on a change of opinion is impermissible, and such reassessment was quashed. The ruling reinforces limits on reassessment powers.

No Substantial Question of Law Where AO Accepts Claims in Remand: Karnataka HC

May 5, 2026 84 Views 0 comment Print

The case involved multiple additions challenged by the revenue after relief was granted to the assessee. The Court held that once the Assessing Officer accepted the claims in remand, no substantial question of law survives.

SC Dismisses Penalty as Capital vs Revenue Receipt Issue Held Debatable

May 5, 2026 144 Views 0 comment Print

The Supreme Court upheld deletion of penalty where the dispute involved classification of subsidy as capital or revenue receipt. It ruled that such debatable issues do not amount to furnishing inaccurate particulars. The decision reinforces limits on penalty under Section 271(1)(c).

P&H HC Deleted Penalty as Subsidy Classification Held Debatable Issue

May 5, 2026 120 Views 0 comment Print

The High Court held that classification of grant-in-aid as capital or revenue is a debatable issue. It ruled that such classification disputes do not amount to furnishing inaccurate particulars.

Miscellaneous Application Rejected as Tribunal Lacks Power to Review Its Own Order

May 5, 2026 111 Views 0 comment Print

The Tribunal held that challenges to appreciation of evidence amount to review, not rectification. It ruled that Section 254(2) permits only correction of apparent errors, leading to dismissal of the Revenue’s application.

Penny Stock LTCG Cannot Be Treated as Bogus Without Independent Evidence: ITAT Delhi

May 5, 2026 1275 Views 0 comment Print

The Tribunal held that long-term capital gains cannot be disallowed solely on investigation reports and assumptions. It found that documentary evidence and investment history supported genuineness, leading to deletion of additions under Section 68.

Bombay HC Set Aside GST Refund Rejection for Not Issuing SCN

May 5, 2026 114 Views 0 comment Print

The case involved denial of GST refund without following mandatory procedure under Rule 92(3). The Court held that absence of notice and hearing invalidates the rejection and ordered fresh consideration.

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031