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Archive: May, 2026

Posts in May, 2026

Telangana HC Sets Aside GST Registration Cancellation Due to Vague SCN

May 16, 2026 252 Views 0 comment Print

The High Court quashed the GST cancellation proceedings after finding that the show cause notice did not specify the alleged contraventions or shortcomings. The Court held that absence of material particulars violated the prescribed procedure under GST law.

C-Forms Cannot Be Denied for ENA Supply Since GST Council Deferred Tax Decision: Madras HC

May 16, 2026 177 Views 0 comment Print

The Madras High Court held that manufacturers of alcoholic liquor cannot be denied C-Forms for inter-State ENA purchases because the GST Council had consciously maintained status quo on ENA taxation. The Court ruled that GST indecision cannot obstruct the right to trade.

ITAT Dismisses Revenue Appeal as CPC Adjustments Were Already Deleted in Scrutiny Assessment

May 16, 2026 237 Views 0 comment Print

The Tribunal ruled that additions proposed by CPC under Section 143(1)(a) ceased to survive after the Assessing Officer deleted them in the final scrutiny assessment order. As a result, further appeals relating to the original intimation became infructuous.

GST Adjudication Order Invalid as Proper Consideration of Objections Was Missing

May 16, 2026 243 Views 0 comment Print

The Himachal Pradesh High Court set aside a GST demand order after finding that the taxpayer’s detailed reply and supporting documents were not considered before passing the order. The Court directed fresh adjudication through a reasoned order.

Failure to Appoint Woman Director: ROC Chennai imposes Penalty

May 16, 2026 201 Views 0 comment Print

ROC Chennai held that an Additional Director who was not regularised at the AGM could not be treated as an officer in default during the violation period. The ruling highlights the importance of director status while fixing liability under the Companies Act.

Accrued Income Cannot Be Deferred Just Because Receipt Is Delayed – ITAT Upholds Taxability on Mercantile Basis

May 16, 2026 108 Views 0 comment Print

The Tribunal ruled that an assessee following mercantile accounting must offer interest income to tax on accrual basis, irrespective of delayed receipt. Failure to disclose the full accrued amount in the relevant year justified reassessment and addition.

Calcutta HC Allows Withdrawal of Writ Appeals, Grants Section 14 Limitation Benefit for Fresh Statutory Appeals

May 16, 2026 114 Views 0 comment Print

The Calcutta High Court permitted withdrawal of appeals after noting that the constitutional validity issue had already been settled. The Court allowed the appellant to pursue fresh appeals on merits before the appellate authority.

ITAT Deletes Software Cost Mark-Up Addition Holding Pure Reimbursement Is Not Profit-Making Service

May 16, 2026 177 Views 0 comment Print

The ITAT Delhi ruled that reimbursement of software costs to foreign AEs on a cost-to-cost basis could not be treated as a profit-generating intra-group service. The Tribunal deleted the transfer pricing adjustment after finding the benchmarking method adopted by the TPO unjustified.

Separate Penalty on Partner Not Sustainable Once Partnership Firm Penalized: CESTAT Ahmedabad

May 16, 2026 336 Views 0 comment Print

CESTAT Ahmedabad held that once a partnership firm is penalized under customs law, a separate penalty on its partner for the same contravention cannot be imposed in absence of specific statutory provision.

Madras HC Allows Fresh Reply in NDH-4 Rejection Cases Due to Opportunity of Hearing

May 16, 2026 219 Views 0 comment Print

The Madras High Court permitted Nidhi companies to submit fresh replies against NDH-4 rejection orders and directed authorities to reconsider the applications after granting a hearing. The Court kept the challenge to the validity of the amended provisions open.

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