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Archive: 09 May 2026

Posts in 09 May 2026

Job Worker Entitled to CENVAT Credit if Principal Manufacturer Pays Duty on Final Goods: CESTAT Chennai

May 9, 2026 216 Views 0 comment Print

Tribunal held that job work activities resulting in intermediate products do not attract reversal under Rule 6 of the CENVAT Credit Rules when the final dutiable products are cleared on payment of excise duty. The appeal against the service tax demand was accordingly allowed.

CESTAT Allows Excise Appeal as Trade Discount Not Proven as Additional Consideration

May 9, 2026 198 Views 0 comment Print

The Tribunal held that a commercial trade discount given to a bulk buyer could not be added to assessable value without evidence of additional consideration. It ruled that the department failed to prove any free benefit flowing from the buyer to the assessee.

NCLAT Upholds Rejection of Resolution Plan as CIRP Was Not Conducted Transparently

May 9, 2026 285 Views 0 comment Print

The Appellate Tribunal upheld findings that the arrangement allowing the Successful Resolution Applicant to receive 50% of PUFE recoveries was contrary to the IBC framework. The recoveries were held to constitute assets of the Corporate Debtor.

Extended Limitation Cannot Be Invoked as Service Tax Dispute Was Interpretational: CESTAT Chennai

May 9, 2026 321 Views 0 comment Print

CESTAT Chennai held that the extended limitation period could not be applied where the dispute involved interpretation of exemption and export provisions. Since all transactions were disclosed in books and returns, the demand was held time-barred.

Calcutta HC Upholds Auction Sale as Borrowers Failed to Challenge Sale Properly

May 9, 2026 2019 Views 0 comment Print

The High Court held that the application seeking to set aside the auction sale was not legally maintainable. It upheld the DRAT’s decision restoring the Recovery Officer’s order and directed completion of the sale process.

Income Tax Assessment Against Amalgamated Entity Invalid as Company Ceased to Exist

May 9, 2026 261 Views 0 comment Print

The ITAT Delhi held that an assessment order passed in the name of an amalgamated company that had ceased to exist was void ab initio. The Tribunal relied on settled law that jurisdictional defects involving non-existent entities cannot be cured under the Income Tax Act.

CESTAT Remands Excise Valuation Dispute Due to Need for CAS-4 Verification

May 9, 2026 213 Views 0 comment Print

CESTAT Chennai remanded an excise valuation dispute after finding that the CAS-4 certificates required factual verification. The Tribunal also held that the extended limitation period could not be invoked in the absence of clear allegations of suppression.

Madras HC Sets Aside Ex Parte GST Assessment Due to Bona Fide Non-Appearance

May 9, 2026 1026 Views 0 comment Print

The Madras High Court allowed reconsideration of an ex parte GST assessment after the assessee explained failure to respond due to a part-time accountant’s lapse. The Court remanded the matter subject to deposit of 25% of the disputed tax.

GST ITC Dispute Remanded as Supplier Registration Was Valid During Transactions

May 9, 2026 327 Views 0 comment Print

The Court permitted the assessee to contest denial of input tax credit after allegations of transactions with non-existent suppliers. The matter was remanded for fresh consideration upon payment of 25% of the disputed tax amount.

NCLT Admits Section 7 Plea Since Loan Default Was Proved Through Emails & Bank Records

May 9, 2026 234 Views 0 comment Print

The Tribunal held that the financial creditor successfully established the existence of financial debt and default through documentary evidence including loan agreements, bank statements, and email acknowledgments.

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