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Archive: 08 May 2026

Posts in 08 May 2026

CESTAT Grants Interest on Entire Refund Because Investigation Deposits Assume Character of Pre-Deposit

May 8, 2026 396 Views 0 comment Print

The Tribunal rejected the Department’s approach of granting interest only on 7.5% statutory pre-deposit. It held that interest was payable on the entire ₹15 lakh deposited during investigation.

SC Pulls Up Allahabad HC For Granting Bail In Dowry Death Case

May 8, 2026 591 Views 0 comment Print

The Supreme Court held that the Allahabad High Court failed to consider statutory presumptions and post-mortem findings while granting bail in a dowry death case. The bail order was set aside after the Court found serious errors in judicial discretion.

Bombay HC Quashes GST Demand on Corporate Guarantees for Absence of Consideration

May 8, 2026 1470 Views 0 comment Print

The Bombay High Court held that corporate guarantees issued without any fee, commission, or consideration cannot be treated as taxable supplies under GST. The Court quashed GST proceedings and show cause notices issued against the company.

Service Tax Appeal Restored as Case Was Dismissed on Technical Grounds Without Examining Merits

May 8, 2026 249 Views 0 comment Print

CESTAT Ahmedabad held that procedural defects in appeal filings are curable and cannot justify outright dismissal without granting an opportunity for correction. The matter was remanded for fresh adjudication on merits.

CESTAT Quashes Service Tax Demand as Installation Service Was Misclassified as Works Contract

May 8, 2026 288 Views 0 comment Print

CESTAT Bangalore held that differential service tax could not be demanded by reclassifying erection and installation services as Works Contract Service. The Tribunal found that the assessee had correctly paid VAT on goods and service tax on the service component.

ITAT Deletes ₹1.13 Crore Business Promotion Disallowance Due to Lack of Adverse Findings

May 8, 2026 828 Views 0 comment Print

ITAT Chandigarh ruled that general expenses could not be disallowed merely on suspicion or comparative increase without identifying defects in books or non-business expenditure. The Tribunal observed that the AO made the addition without proper examination of records.

Customs Department Cannot Reject Declared Import Value Without Proper Verification: CESTAT Kolkata

May 8, 2026 321 Views 0 comment Print

CESTAT Kolkata held that Customs authorities cannot enhance declared transaction value without first following the mandatory two-step verification process under Rule 12 of the Customs Valuation Rules, 2007. The Tribunal ruled that the Department failed to establish valid grounds for rejecting the declared value.

Penalty Set Aside as Service Tax Was Paid Before SCN Issuance: CESTAT Bangalore

May 8, 2026 282 Views 0 comment Print

CESTAT Bangalore held that the Government department was aware of service tax liability because service tax had been specifically included in the project price bids. The Tribunal treated the project as an EPC contract falling under Works Contract Services.

ITAT Remands Section 69A Addition as CIT(A) Failed to Pass Proper Speaking Order

May 8, 2026 357 Views 0 comment Print

ITAT Kolkata set aside the appellate order after observing inconsistencies between the findings of the CIT(A) and the assessment order. The Tribunal directed fresh adjudication with a reasoned speaking order and proper opportunity of hearing.

NCLT Admits Insolvency Plea as Financial Debt & Continuing Default Clearly Established

May 8, 2026 318 Views 0 comment Print

SREI Equipment Finance Limited Vs SRK Infracon (India) Private Ltd (NCLT Hyderabad) The National Company Law Tribunal admitted an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, for initiation of Corporate Insolvency Resolution Process (CIRP) against a corporate debtor after finding clear existence of financial debt, continuing default, and a valid claim […]

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