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Archive: May, 2026

Posts in May, 2026

Anti-Profiteering Allegations Rejected Because Entire Works Contract Was Executed After GST Implementation

May 8, 2026 219 Views 0 comment Print

The Tribunal noted that the Applicant repeatedly failed to appear or file objections despite multiple opportunities being granted. In absence of any rebuttal, GSTAT proceeded on the basis of the DGAP report and available records.

ICSI Flags MCA-21 V3 Portal Issues, Seeks Urgent Compliance Fixes

May 8, 2026 19629 Views 0 comment Print

ICSI recommended restoring public access to basic company master data without mandatory login requirements. The representation stated that quick verification access is essential for professionals, stakeholders, and third parties.

Section 271C Penalty Deleted as Proceedings Were Barred by Section 275(1)(c) Limitation

May 8, 2026 357 Views 0 comment Print

ITAT Raipur held that penalty proceedings initiated after unreasonable delay violated the statutory limitation prescribed under Section 275(1)(c). The Tribunal ruled that delayed penalty orders cannot survive once limitation expires.

Section 263 Revision Invalid as AO Already Examined Accumulated Fund Utilization: Bombay HC

May 8, 2026 255 Views 0 comment Print

Bombay High Court held that revisionary powers under Section 263 cannot be invoked where the Assessing Officer had already conducted enquiries and accepted a plausible view. Mere dissatisfaction with the depth of enquiry does not render the assessment order erroneous.

Bogus Purchases Fully Disallowable as Supplier Was Found Non-Existent: ITAT Kolkata

May 8, 2026 714 Views 0 comment Print

ITAT Kolkata held that entire bogus purchases must be added under Section 69C where the supplier was proved to be a paper entity and no evidence of actual delivery of goods existed. The ruling reiterates that bank payments and invoices alone cannot establish genuineness.

Section 44AD Cannot Apply as Turnover Exceeded Prescribed ₹2 Crore Limit: ITAT Kolkata

May 8, 2026 615 Views 0 comment Print

ITAT Kolkata held that presumptive taxation under Section 44AD was wrongly invoked where the assessee’s turnover exceeded ₹2 crore. The Tribunal clarified that statutory turnover limits must be strictly satisfied before applying presumptive profit provisions.

Section 16(2)(c) of CGST Act: A Constitutional Quagmire & Bona Fide Purchaser’s ‘Catch-22’

May 8, 2026 1185 Views 0 comment Print

The analysis highlights how GST law forces recipients to pay suppliers within 180 days while still exposing them to ITC denial if suppliers default. It contends that the provision imposes an impossible burden on compliant taxpayers.

Use of Honirifics ‘Hon’ble’ restricted to Sovereign Constitutional Functionaries: Allahabad HC

May 8, 2026 1812 Views 0 comment Print

The Court held that Members of Parliament and other constitutional authorities are entitled to the honorific “Hon’ble” under established protocol. It clarified that personal familiarity or grievances cannot justify omission of the recognized honorific.

Businesses May Face Stricter GST Refund Validation Under New Filing Process

May 8, 2026 1959 Views 0 comment Print

The article explains how the Government replaced the PDF-based Annexure-B with a structured JSON utility for GST refund applications. The new system enables automated invoice-level validations and technology-driven refund processing.

Negative ITC Blocking Illegal as Rule 86A Covers Only Available Credit: Bombay HC

May 8, 2026 675 Views 0 comment Print

The Bombay High Court ruled that GST authorities cannot create a negative balance in the Electronic Credit Ledger while blocking ITC under Rule 86A.

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