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Archive: 22 May 2026

Posts in 22 May 2026

Section 69A Addition Cannot Be Made Through Section 154 Rectification: ITAT Hyderabad

May 22, 2026 378 Views 0 comment Print

ITAT Hyderabad held that addition of Rs. 13 lakh under Section 69A through rectification proceedings exceeded the scope of Section 154. The Tribunal ruled that issues requiring detailed factual examination cannot be treated as mistakes apparent from record.

Hospital Lab Charges Not Unfair as Standalone Diagnostic Centres Are Not Comparable: CCI

May 22, 2026 189 Views 0 comment Print

Commission found that comparisons between hospital diagnostic charges and standalone labs were inadequate because hospitals operate continuously with different infrastructure requirements.

Incomplete CRCL Test Reports Cannot Justify Reclassification of Imported Solvents as Kerosene: CESTAT Mumbai

May 22, 2026 258 Views 0 comment Print

Tribunal held that Customs authorities could not reclassify imported industrial composite solvent as kerosene when all mandatory BIS specifications were not tested. It observed that missing parameters rendered the laboratory reports inconclusive and legally unreliable.

ITAT Hyderabad Condones 182-Day Delay as Assessee Faced Liver Failure

May 22, 2026 222 Views 0 comment Print

ITAT Hyderabad condoned a 182-day delay in filing the appeal after accepting medical evidence relating to failed liver transplantation and continuous dialysis treatment.

Subsidiary Company Assets Cannot Form Part of Parent Company Insolvency: NCLAT Delhi

May 22, 2026 366 Views 0 comment Print

NCLAT held that foreign oil and gas assets owned through Videocon subsidiaries could not be included in the CIRP of Videocon Industries Ltd. The Tribunal ruled that subsidiaries and parent companies are distinct legal entities under insolvency law.

No Personal Hearing, No Valid Dismissal: Karnataka HC Sets Aside Removal of Central Tax Officer

May 22, 2026 939 Views 0 comment Print

High Court ruled that disciplinary proceedings could not culminate in dismissal without granting the employee an opportunity of personal hearing. The matter was remanded for fresh consideration in accordance with law.

NCLT Directs Liquidation After 741-Day CIRP Expires Without Approved Resolution Plan

May 22, 2026 345 Views 0 comment Print

Tribunal noted that the CIRP period, including all extensions, had reached 741 days and expired on 20 November 2025. Since no plan was approved by the CoC, liquidation under Section 33 of the IBC was ordered.

P&H High Court Recalculates Motor Accident Compensation Based on Average Income after Tax

May 22, 2026 318 Views 0 comment Print

The Punjab and Haryana High Court enhanced compensation after holding that one income tax return reflected earnings only up to the accident date and could not be treated as annual income.

NCLT Orders Liquidation After CoC Rejects All Resolution Plans With Majority Vote

May 22, 2026 423 Views 0 comment Print

The NCLT Mumbai held that liquidation became mandatory under Section 33(2) of the IBC after the Committee of Creditors rejected all resolution plans with a 95.63% voting share. The Tribunal ruled that, in the absence of an approved plan, liquidation proceedings had to be initiated.

Education Cess Paid via MEIS Scrips Cannot Be Recovered Again in Cash: CESTAT Mumbai

May 22, 2026 204 Views 0 comment Print

CESTAT Mumbai ruled that Education Cess and Secondary & Higher Education Cess paid through MEIS duty credit scrips for past imports constituted valid discharge of customs duty liability. The Tribunal held that any fresh cash recovery by the Revenue would amount to impermissible double recovery.

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