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Archive: 22 May 2026

Posts in 22 May 2026

P&H HC Sets Aside Retrospective GST Cancellation Due to Absence of Specific Notice

May 22, 2026 252 Views 0 comment Print

The Punjab and Haryana High Court held that retrospective GST registration cancellation cannot be sustained without specifically informing the taxpayer through a proper notice. The Court set aside the cancellation order for violation of natural justice principles.

Gujarat HC Quashes Reassessment as Reopening Was Based on Unverified Complaint

May 22, 2026 210 Views 0 comment Print

The Gujarat High Court set aside reassessment proceedings after finding that the Income Tax Department relied on an undated and uninvestigated complaint. The Court held that reopening based on conjectures and unsupported material could not be sustained.

Transfer of leasehold property with constructed building attracted Section 50C

May 22, 2026 324 Views 0 comment Print

The Tribunal held that leasehold rights transferred with land and building fall within the ambit of Section 50C. The matter relating to reassessment validity was sent back for fresh adjudication.

Section 154 Rectification Valid as DSIR Form 3CL Determined Eligible R&D Deduction

May 22, 2026 228 Views 0 comment Print

ITAT Mumbai held that Form 3CL issued by DSIR could not be treated as additional evidence during rectification proceedings since it had already been sent to the jurisdictional Assessing Officer. The Tribunal restored the issue for fresh quantification of deduction under Section 35(2AB).

Orissa High Court Quashes GST Demand Due to Denial of Personal Hearing

May 22, 2026 309 Views 0 comment Print

The Orissa High Court set aside GST demand and rectification orders after finding that the taxpayer’s reply and request for personal hearing were ignored. The Court held that failure to consider the reply violated principles of natural justice.

Jharkhand HC Quashes ITC Rejection Due to Subsequent Amendment in Section 16(5)

May 22, 2026 294 Views 0 comment Print

High Court held that GST authorities must consider CBIC circular clarifying implementation of Section 16(5) before sustaining denial of input tax credit for delayed return filing.

NCLAT Upholds Section 9 Admission as Separate Supply Obligations Created Operational Debt

May 22, 2026 321 Views 0 comment Print

NCLAT held that a joint venture arrangement did not prevent insolvency proceedings where separate agreements clearly imposed supply obligations and payment responsibilities between parties. Tribunal ruled that unpaid supply dues constituted operational debt under IBC.

Unsigned Section 148 Notice Held Valid Due to Mention of AO Name and Designation

May 22, 2026 1269 Views 0 comment Print

The Delhi High Court held that a reassessment notice without physical signature remains valid when the name and designation of the Assessing Officer are clearly mentioned. The Court ruled that Section 282A(2) recognizes such authentication in the digital era.

Assessment Order Quashed Due to Email Communication Issue Despite Valid Section 148 Notice

May 22, 2026 777 Views 0 comment Print

Court upheld the validity of the Section 148 notice but set aside the assessment order after finding that notices were sent to an old email address, resulting in denial of adequate opportunity to the assessee.

ITAT Delhi Quashes Reassessment Orders for Failure to Provide Reasons for Reopening

May 22, 2026 402 Views 0 comment Print

ITAT Delhi held reassessment orders invalid because the assessee was not supplied with the recorded reasons for reopening under Section 148. The Tribunal ruled that such non-compliance violated the law laid down in GKN Driveshafts.

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