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Archive: 24 May 2026

Posts in 24 May 2026

No Automatic Release of Goods After Confiscation Order Under GST Law: Karnataka HC

May 24, 2026 465 Views 0 comment Print

The Karnataka High Court held that once confiscation orders are passed under Section 130 of the CGST/KGST Act, the release mechanism under Section 129 no longer applies. The Court dismissed appeals seeking modification of interim release conditions for detained goods and vehicles.

Delhi HC Quashes Assessment Order as Reply Filed by Assessee Was Not Considered

May 24, 2026 516 Views 0 comment Print

The Delhi High Court set aside an assessment order after finding that the Assessing Officer failed to consider the assessee’s reply filed on the same date as the order. The Court held that this violated principles of natural justice.

Section 68 Not Applicable to Repayment of Loans Given in Earlier Year: ITAT Delhi

May 24, 2026 495 Views 0 comment Print

The ITAT held that credits received in the assessee’s bank account were repayments of earlier advances and not unexplained cash credits. The Tribunal deleted the addition after finding that the transactions were supported by bank records and financial documents.

GST Assessment Against Legal Heirs Set Aside Due to Lack of Personal Hearing: Rajasthan HC  

May 24, 2026 318 Views 0 comment Print

The Court disposed of the petition after finding that assessment proceedings against legal representatives require mandatory compliance with Section 75. It reiterated that absence of personal hearing vitiates orders passed against heirs of a deceased assessee.

Cancelled GST Registration Must Be Reconsidered After Tax Payment: AP HC

May 24, 2026 339 Views 0 comment Print

The High Court ruled that GST revocation applications may be filed manually if online filing difficulties arise. The authority was directed to consider the revocation request after receipt of tax payments.

GST Cancellation Order Quashed as No Reasons Were Recorded in Form GST REG-19

May 24, 2026 345 Views 0 comment Print

The Gauhati High Court held that cancellation of GST registration without assigning specific reasons in the statutory form is legally unsustainable. The Court ruled that non-speaking orders violate principles of natural justice and statutory requirements.

Pre-Resolution Income Tax Claims Extinguished Under Approved NCLT Plan: ITAT Chennai

May 24, 2026 309 Views 0 comment Print

Tribunal ruled that income tax demands not included in the approved resolution plan were irrevocably extinguished. The decision followed the terms of the NCLT-approved insolvency resolution plan restored by the Supreme Court.

Section 12A Withdrawal Not Permissible After Liquidation Begins: NCLAT 

May 24, 2026 348 Views 0 comment Print

The NCLAT ruled that withdrawal under Section 12A of the IBC cannot be invoked once liquidation proceedings have commenced. The Tribunal held that post-liquidation settlement can only proceed through the Section 230 route under the Companies Act.

Reassessment Quashed Because Property Was Purchased From Different Entity Than Alleged

May 24, 2026 510 Views 0 comment Print

TAT Chandigarh held that reassessment proceedings were invalid because the property was actually purchased from a different company than the one referred to in the recorded reasons. The Tribunal found absence of any live nexus between the assessee and the alleged incriminating material.

No Capital Gains Tax Without Registered Agreement & Actual Transfer of Rights: Madras HC

May 24, 2026 480 Views 0 comment Print

The Madras High Court ruled that an unregistered Joint Venture Agreement without actual transfer of possession or consideration could not amount to a transfer under Section 2(47). The Court held that no capital gains tax liability arose for the relevant assessment year.

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