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Archive: May, 2026

Posts in May, 2026

CESTAT Mumbai Upholds SAD Credit Demand Due to Non-Reversal on Inputs

May 17, 2026 255 Views 0 comment Print

CESTAT Mumbai upheld demand, interest, and penalty for failure to reverse SAD Cenvat credit on imported inputs transferred between units. The Tribunal held that extended limitation was valid due to suppression in ER-1 returns.

Criminal Case Quashed as Former Director Had Resigned Before ITR Filing Default

May 17, 2026 264 Views 0 comment Print

The Madras High Court quashed prosecution under Sections 276CC and 278B after finding that the petitioner had resigned as director before the relevant assessment year. The Court relied on Form No.32 filed with the Registrar of Companies.

Automatic Soap Dispenser Cannot Be Classified as Toiletry Spray Since Product Only Dispenses Foam: CESTAT Bangalore

May 17, 2026 222 Views 0 comment Print

The Tribunal referred to HSN notes stating that Chapter 9616 does not cover dispersing appliances falling under Chapter 8424. Based on this reasoning, the imported soap dispenser was classified under CTI 8424 89 90.

Bombay HC Quashes GST Order as Proceedings Were Initiated Against Amalgamated Entity

May 17, 2026 354 Views 0 comment Print

Bombay High Court held that GST proceedings initiated against a company that had ceased to exist after amalgamation were void ab initio. The Court quashed the demand order passed in the name of the amalgamating entity.

Patna HC Orders Hearing on Road Contract Payment & GST Dispute

May 17, 2026 240 Views 0 comment Print

High Court directed authorities to examine claims relating to additional road work, carriage charges, GST differential, and deductions from running bills. The Court refrained from deciding the merits and ordered consideration of pending representations.

Section 69A Addition Cannot Survive Merely on Ground That Explanation Was an Afterthought: ITAT Delhi

May 17, 2026 975 Views 0 comment Print

The Tribunal held that tax authorities cannot reject documentary evidence solely by labeling the explanation as an afterthought. Proper verification and rebuttal of evidence are necessary before sustaining additions under Section 69A.

Routine Administrative Workload Cannot Justify Delay in Filing Appeal: ITAT Bangalore

May 17, 2026 219 Views 0 comment Print

ITAT Bangalore dismissed the Revenue’s appeal after holding that the Assessing Officer failed to provide adequate reasons for delayed filing. The Tribunal ruled that routine official workload could not justify condonation of delay.

Tax Deposit During GST Raid Cannot Automatically Be Treated as Voluntary: Bombay HC

May 17, 2026 414 Views 0 comment Print

Bombay High Court observed that payments made while search proceedings are continuing may not automatically qualify as voluntary deposits. Court granted tax authorities an opportunity to take corrective steps if refund entitlement exists.

Income Tax Penalty Matter Restored as Quantum Appeal Was Still Pending Before CIT(A)

May 17, 2026 240 Views 0 comment Print

ITAT Delhi held that penalty proceedings under Section 271(1)(c) should not be decided before disposal of the related quantum appeal. The matter was restored to the CIT(A) for fresh adjudication.

CESTAT Sets Aside Service Tax Demand as Exporter Was Not Recipient of Foreign Bank Services

May 17, 2026 207 Views 0 comment Print

CESTAT Chennai held that an exporter cannot be taxed under reverse charge for foreign bank charges deducted from export proceeds where no service recipient relationship was established with the foreign bank.

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