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Archive: May, 2026

Posts in May, 2026

No Customs Penalty on CHA Without Clear Evidence of Abetment or Mala Fide Intent CESTAT Chennai

May 3, 2026 252 Views 0 comment Print

The Tribunal held that penalty under Section 112(a) cannot be imposed without clear evidence of involvement or abetment. Key takeaway: mere allegations are insufficient.

Writ Petition Dismissed as Misconceived for Bypassing SARFAESI & Insolvency Proceedings

May 3, 2026 423 Views 0 comment Print

The Court held that disputed issues and ongoing statutory proceedings cannot be challenged through a writ petition. It emphasized that proper remedies must be pursued before competent forums.

ITAT Rebukes CIT(A) for Ignoring Tribunal Order, Directs Fresh Adjudication

May 3, 2026 489 Views 0 comment Print

Tribunal held that non-compliance with earlier appellate directions requires fresh adjudication. Key takeaway: appellate authorities must follow binding instructions.

Delay in Filing Form 10 Cannot Alone Defeat Section 11(2) Exemption Claim: ITAT Visakhapatnam

May 3, 2026 372 Views 0 comment Print

The Tribunal ruled that exemption under Section 11(2) should not be denied solely due to delayed filing of Form-10. It directed reconsideration where the form was available during assessment.

SC Upholds Quashing of Reassessment Notices Due to Unproven PE Allegations

May 3, 2026 846 Views 0 comment Print

The Supreme Court dismissed SLPs and upheld the High Court’s finding that reassessment notices lacked tangible material. The ruling reinforces that mere survey findings cannot justify reopening of assessments.

Unclear CA Certificate: CESTAT Remands SEZ Refund Claim for Dual Benefit Verification

May 3, 2026 210 Views 0 comment Print

The tribunal remanded the case after finding insufficient evidence to prove that refund and Cenvat credit were not claimed on the same services. Refund eligibility will depend on verification of non-availment of dual benefits.

Calcutta HC Dismisses Tax Appeal Below ₹2 Crore Limit for Failure to Show CBDT Exception Applies

May 3, 2026 375 Views 0 comment Print

Court found that the appellant failed to clearly identify which exceptional clause applied. Since the tax effect was below Rs.2 crores and no valid exception was demonstrated, the Court held that there was no reason to entertain the appeal. Accordingly, the appeal and the connected application were dismissed.

Excise Exemption Benefit Cannot Be Denied for Missing Nodal Ministry Certificate Alone

May 3, 2026 183 Views 0 comment Print

The Tribunal ruled that absence of a Nodal Ministry certificate cannot deny exemption when goods were used in the intended project. The decision emphasizes substance over procedural compliance.

Bombay HC directs GST Appellate Authority to Decide Intermediary Services Issue Independently of AAAR Order

May 3, 2026 333 Views 0 comment Print

The court declined to decide intermediary classification and directed the petitioner to pursue remedies before the appellate authority. All issues were kept open for independent adjudication.

ITAT Remands Appeal for Fresh Hearing, Imposes ₹20,000 Cost

May 3, 2026 195 Views 0 comment Print

The Tribunal set aside orders where the assessee failed to appear and granted another opportunity. It emphasized adherence to natural justice while imposing a cost.

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