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Archive: May, 2026

Posts in May, 2026

28th or 30th November? Last Date to Issue a GST SCN for FY 2020-21

May 7, 2026 9243 Views 0 comment Print

The Delhi High Court ruled that Show Cause Notices issued on 30 November 2024 for FY 2020–21 were within limitation under Section 73(2) of the CGST Act. The Court treated December, January, and February as the relevant three calendar months before the final order date.

Without purchases there cannot be sales – Mumbai ITAT rejects 100% bogus purchase addition

May 7, 2026 354 Views 0 comment Print

The ITAT ruled that accepted sales necessarily imply corresponding purchases, even if sourced through the grey market. The addition was therefore restricted to estimated profit instead of the full purchase amount.

Bona Fide Purchaser Cannot Escape ITC Reversal as GST Law Requires Actual Tax Deposit

May 7, 2026 16908 Views 1 comment Print

The Gujarat High Court ruled that Input Tax Credit cannot be claimed unless the supplier has actually paid tax to the Government under Section 16(2)(c) of the CGST Act. The Court held that ITC remains a conditional statutory benefit and refused to create a bona fide purchaser exception.

Mumbai ITAT quashes reassessment for AY 2015-16 – AO’s “artificial inflation” of escaped income held legally unsustainable

May 7, 2026 165 Views 0 comment Print

The Tribunal held that the AO wrongly aggregated actual property value and stamp duty valuation of the same transaction to invoke extended limitation under Section 149(1)(b). The reassessment notice for AY 2015-16 was declared time-barred and without jurisdiction.

Analysis of GSTN Tax Liability Break-up: Interest & Late Fee in Table 5.1

May 7, 2026 507 Views 0 comment Print

GSTN has implemented automated interest computation through the Tax Liability Break-up mechanism in GSTR-3B to identify delayed tax payments relating to earlier periods. The update shifts GST compliance from manual assessment to system-driven validation based on invoice dates, reporting periods, and payment timelines.

Customs Confiscation Not Justified for Mere 7% Excess Quantity: CESTAT Delhi

May 7, 2026 219 Views 0 comment Print

The CESTAT Delhi held that polyester knitted fabric containing a small percentage of spandex could not be treated as mis-declared goods. The Tribunal ruled that such minor composition variation did not justify confiscation under the Customs Act.

Exports of Iron Ore must be assessed on Wet Metric Tonne (WMT) basis and not on Dry Metric Tonne (DMT) basis

May 7, 2026 321 Views 0 comment Print

For export transactions occurring before the Finance Act, 2022 amendment, the determination of iron ore fines (Fe content) must be done on a Wet Metric Tonne (WMT) basis, rejecting the Dry Metric Tonne (DMT) method adopted by the Adjudicating Authority.

No addition for “bogus purchases” when assessee already declared higher GP – Mumbai ITAT grants major relief to diamond trader

May 7, 2026 315 Views 0 comment Print

The Mumbai ITAT held that no separate addition for alleged bogus purchases can be made where the assessee has already disclosed a higher gross profit on disputed transactions. The Tribunal relied on Bombay High Court rulings limiting additions only to differential GP.

Section 194C TDS Cannot Create Tax Liability on Dissolved Firm if Receipts Already Offered to Tax

May 7, 2026 306 Views 0 comment Print

The ITAT Delhi held that contractual receipts reflected in the PAN of a dissolved partnership firm could not be taxed again when they were already disclosed in the proprietorship concern of the surviving partner. The Tribunal ruled that such addition would amount to double taxation.

NCLT Admits Insolvency Plea as Simultaneous CIRP against Borrower & Guarantor Is Permissible

May 7, 2026 249 Views 0 comment Print

NCLT Kochi held that insolvency proceedings can simultaneously continue against both the principal borrower and corporate guarantor under the IBC. The Tribunal admitted Axis Bank’s Section 7 petition after finding debt and default established.

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