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Archive: 27 May 2026

Posts in 27 May 2026

MP HC Dismisses Writ as GST Appeal Was Time-Barred & Portal Notice were ignored

May 27, 2026 246 Views 0 comment Print

The Madhya Pradesh High Court held that a writ petition was not maintainable where the assessee failed to file a timely statutory appeal and did not comply with the mandatory GST pre-deposit requirement. The Court also noted that notices uploaded on the GST portal could not be ignored.

Karnataka HC Quashes GST Proceedings Because Joint Commissioner Lacked Assignment Authority

May 27, 2026 360 Views 0 comment Print

Karnataka High Court held that GST proceedings initiated for FY 2021-22 were without jurisdiction because the Joint Commissioner lacked valid authority to assign proceedings beyond the permitted period.

SC Upholds Quashing of GST Demand as Opportunity of Hearing Was Illusory

May 27, 2026 513 Views 0 comment Print

The Supreme Court refused to interfere with the Delhi High Court order quashing a GST demand passed under Section 73 due to violation of natural justice. The High Court held that granting less than one effective working day to respond to voluminous documents was not a meaningful hearing.

Retrospective VAT Registration Cancellation Does Not Automatically Make Purchases Bogus: ITAT Ahmedabad

May 27, 2026 231 Views 0 comment Print

Ahmedabad ITAT held that cost of improvement could not be disallowed solely because suppliers’ VAT registrations were later cancelled retrospectively. The Tribunal remanded the matter for verification of supporting purchase and transportation documents.

n-Hexane Not ‘Motor Spirit’ Without Proof of Engine Use Suitability: SC

May 27, 2026 330 Views 0 comment Print

The Supreme Court held that n-Hexane could not be classified as motor spirit under Chapter 27 merely because its flash point was below 25°C. The Revenue failed to prove that the imported product was suitable for use in spark ignition engines.

Section 143(1) Intimation Cannot Override Ongoing Scrutiny Assessment: ITAT Mumbai

May 27, 2026 495 Views 0 comment Print

The Tribunal noted that an adjustment under Section 35(1)(iv), already dropped during CPC processing, was later included in assessment computation without fresh notice to the assessee.

Section 40(a)(ia) Disallowance Cannot Apply as Expenses Stayed in Work-in-Progress: ITAT Mumbai

May 27, 2026 390 Views 0 comment Print

Mumbai ITAT held that disallowance under Section 40(a)(ia) cannot be made where expenditure remains part of work-in-progress and is not claimed in the profit and loss account. The Tribunal upheld adjustment of WIP instead of direct addition to income.

Bank Liable for TDS Default on LFC Payments as Foreign Travel Is Not Exempt

May 27, 2026 810 Views 0 comment Print

Agra ITAT held that the bank was liable under Section 201 for non-deduction of TDS on LFC involving foreign travel because no branch-specific interim judicial order was produced. The Tribunal distinguished earlier rulings that had granted relief based on specific High Court directions.

Absence of DIN Does Not Invalidate GST Order If RFN Is Verifiable: Rajasthan HC

May 27, 2026 360 Views 0 comment Print

The Rajasthan High Court held that a GST penalty order without a DIN was still valid because it contained a verifiable Reference Number (RFN) retrievable through the GST portal. The Court ruled that portal upload, email, and postal service satisfied statutory communication requirements.

Non-Mention of Interest & Penalty in GST SCN Does Not Void Proceedings: Delhi HC

May 27, 2026 417 Views 0 comment Print

The Court ruled that absence of quantified interest and penalty in a GST show cause notice does not by itself invalidate proceedings under the CGST Act. Taxpayers were directed to pursue the statutory appellate remedy instead.

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