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Archive: May, 2026

Posts in May, 2026

AO Cannot Travel Beyond Scope of Section 263 Directions – ITAT Upholds Deletion of Fresh Additions

May 19, 2026 207 Views 0 comment Print

Delhi ITAT held that an Assessing Officer cannot make additions beyond the specific issues remanded by the Principal Commissioner under Section 263. Fresh additions unrelated to the revision directions were therefore rightly deleted.

Service Tax Payable on GTO Services but Deletes Interest Due to Timely Return Filing

May 19, 2026 123 Views 0 comment Print

CESTAT Chennai held that recipients of Goods Transport Operator services were liable to pay service tax for 1997-98 under retrospective amendments. However, interest demand was set aside because the assessee filed the prescribed return within the statutory time limit.

Receipt of Scented Tobacco Alone Cannot Prove Clandestine Gutka Manufacture: CESTAT Delhi

May 19, 2026 126 Views 0 comment Print

CESTAT Delhi held that alleged receipt of one raw material, namely Scented Tobacco, was insufficient to establish clandestine manufacture and clearance of Gutka. The Tribunal set aside excise duty demand due to lack of corroborative evidence regarding other raw materials and production activity.

Goods Transported Without E-Way Bill: GST Confiscation Challenge Rejected

May 19, 2026 471 Views 0 comment Print

Gujarat High Court upheld confiscation proceedings under Section 130 after noting that goods were transported without an e-way bill and penalty had been voluntarily paid without protest.

Reassessment Beyond 4 Years Quashed – ITAT Says AO Must Specifically Allege Failure to Disclose Material Facts

May 19, 2026 93 Views 0 comment Print

Delhi ITAT held that reassessment beyond four years is invalid if the Assessing Officer fails to record how the assessee failed to fully and truly disclose material facts. The Tribunal quashed the reopening for violating the first proviso to Section 147.

Unsigned GST Assessment Order Set Aside Due to Absence of Officer Signature

May 19, 2026 342 Views 0 comment Print

The Andhra Pradesh High Court held that GST recovery proceedings under Section 79 can be initiated against a bank after an assessment order becomes final and remains unpaid. The Court ruled that no separate pre-recovery notice to the dealer is required under the provision.

Depreciation on Amalgamation Goodwill allowable for AYs prior to AY 2021-22

May 19, 2026 189 Views 0 comment Print

ITAT Ahmedabad held that depreciation on goodwill arising from amalgamation was allowable for assessment years prior to AY 2021-22. The Tribunal ruled that amendments excluding goodwill from depreciable assets operate prospectively.

Allahabad HC Examines Validity of GST ITC Restrictions Due to Supplier Defaults

May 19, 2026 1545 Views 0 comment Print

The Allahabad High Court considered a challenge to amended CGST provisions restricting ITC despite valid invoices and payment of tax. The Court issued notices and sought responses from authorities before considering interim relief.

GST on Land Reclassification Fees: Kerala HC Orders Fresh Ruling Due to Incomplete Findings

May 19, 2026 183 Views 0 comment Print

Kerala High Court ruled that authorities must determine both whether the payment amounts to a supply under Section 7(1) and whether exemption provisions apply. The case was remitted for fresh adjudication.

ITAT Slams ‘Sweeping’ 263 Revision – PCIT Cannot Order Fishing Enquiries After Detailed Scrutiny by AO

May 19, 2026 204 Views 0 comment Print

Delhi ITAT held that revision under Section 263 cannot be invoked merely because the PCIT desires deeper investigation after detailed assessment scrutiny. The Tribunal found that the AO had examined all major issues through extensive enquiries and documentation.

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