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Archive: May, 2026

Posts in May, 2026

Karnataka HC Sets Aside Ex-Parte GST Orders Due to Opportunity to Reconcile GSTR-3B & GSTR-2A

May 9, 2026 210 Views 0 comment Print

The Karnataka High Court quashed ex-parte GST adjudication orders after the taxpayer claimed it could explain discrepancies between GSTR-3B and GSTR-2A returns. The matters were remanded back for fresh consideration after granting an opportunity to reply.

Patna HC Dismisses Plea Against Multiple GST Notices Over Fake ITC Investigation

May 9, 2026 276 Views 0 comment Print

The High Court held that summons issued under Section 70 of the GST Act were valid and interference at the investigation stage would obstruct the ongoing inquiry into alleged fake ITC claims.

Madras HC Vacates GST Garnishee Attachment After ITC Reversal by Purchaser

May 9, 2026 306 Views 0 comment Print

The Madras High Court directed removal of a bank account attachment after the purchaser reversed the disputed Input Tax Credit and proceedings against it were dropped. The Court, however, restrained the purchaser from making payments to the supplier pending resolution of related disputes.

ITAT Mumbai Allows Section 11 Exemption as Rental Income Was From Trust Property

May 9, 2026 261 Views 0 comment Print

The Tribunal held that rental income earned from immovable property held under trust could not automatically be treated as business income. It ruled that the proviso to Section 2(15) was wrongly invoked where the trust’s dominant object remained charitable.

Section 14A Disallowance Deleted as AO Failed to Record Objective Satisfaction: ITAT Agra

May 9, 2026 183 Views 0 comment Print

The ITAT Agra upheld deletion of a Section 14A disallowance after finding that the Assessing Officer mechanically applied Rule 8D without recording reasons for dissatisfaction. The Tribunal reiterated that such satisfaction is mandatory before invoking Rule 8D.

Job Worker Entitled to CENVAT Credit if Principal Manufacturer Pays Duty on Final Goods: CESTAT Chennai

May 9, 2026 153 Views 0 comment Print

Tribunal held that job work activities resulting in intermediate products do not attract reversal under Rule 6 of the CENVAT Credit Rules when the final dutiable products are cleared on payment of excise duty. The appeal against the service tax demand was accordingly allowed.

CESTAT Allows Excise Appeal as Trade Discount Not Proven as Additional Consideration

May 9, 2026 126 Views 0 comment Print

The Tribunal held that a commercial trade discount given to a bulk buyer could not be added to assessable value without evidence of additional consideration. It ruled that the department failed to prove any free benefit flowing from the buyer to the assessee.

NCLAT Upholds Rejection of Resolution Plan as CIRP Was Not Conducted Transparently

May 9, 2026 207 Views 0 comment Print

The Appellate Tribunal upheld findings that the arrangement allowing the Successful Resolution Applicant to receive 50% of PUFE recoveries was contrary to the IBC framework. The recoveries were held to constitute assets of the Corporate Debtor.

Extended Limitation Cannot Be Invoked as Service Tax Dispute Was Interpretational: CESTAT Chennai

May 9, 2026 228 Views 0 comment Print

CESTAT Chennai held that the extended limitation period could not be applied where the dispute involved interpretation of exemption and export provisions. Since all transactions were disclosed in books and returns, the demand was held time-barred.

Calcutta HC Upholds Auction Sale as Borrowers Failed to Challenge Sale Properly

May 9, 2026 1521 Views 0 comment Print

The High Court held that the application seeking to set aside the auction sale was not legally maintainable. It upheld the DRAT’s decision restoring the Recovery Officer’s order and directed completion of the sale process.

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