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Archive: May, 2026

Posts in May, 2026

Section 153C Valid but Addition Fails: No Incriminating Material = No Deemed Dividend

May 2, 2026 228 Views 0 comment Print

The issue was addition of deemed dividend under search assessment. The tribunal held that without incriminating material, additions in completed assessments are unsustainable.

GST Appeal Allowed Despite Delay, Telangana HC Grants Liberty to File Appeal

May 2, 2026 240 Views 0 comment Print

The issue was whether a delayed appeal against a GST order could be entertained. The court granted liberty to file appeal with a delay condonation request to be decided as per law.

Telangana HC allows delayed GST appeal despite challenge to unsigned SCN & order

May 2, 2026 267 Views 0 comment Print

The issue involved challenge to GST notice and order without proper authentication. The court allowed appeal filing with delay condonation and avoided deciding merits.

Telangana HC Allows Delayed GST Appeal, Stays Garnishee Action

May 2, 2026 216 Views 0 comment Print

The issue was delayed appeal due to late awareness of GST liability. The court allowed appeal filing with delay condonation and granted temporary protection from coercive recovery.

When GST Demand Goes Beyond SCN: A Practical Story from Telangana HC

May 2, 2026 504 Views 0 comment Print

The issue was whether GST demand can exceed the show cause notice. The court held that such expansion violates Section 75(7) and must be corrected.

GST Penalty Order Invalid as Amount Exceeds SCN Proposal: Allahabad HC

May 2, 2026 363 Views 0 comment Print

The issue was imposition of a higher penalty than proposed in the show cause notice. The court set aside the order, holding it violates Section 75(7) and is without jurisdiction.

Reassessment After 4 Years Quashed as No Failure to Disclose Material Facts: Bombay HC

May 2, 2026 261 Views 0 comment Print

The issue was whether reassessment could be initiated after four years without fresh evidence. The court held such reopening invalid when based on existing records and no failure of disclosure.

870-Day Delay Not Condoned: ITAT Refuses Relief, Calls Out Negligence & “No Sufficient Cause”

May 2, 2026 321 Views 0 comment Print

The issue was whether a long delay in filing appeals could be condoned. The tribunal held that absence of credible explanation bars condonation, leading to dismissal of appeals.

The Doctrine of Statutory Prerogative: An Expanded Analysis of the Gujarat High Court’s Verdict on Section 16(2)(C) of CGST Act 2017

May 2, 2026 2226 Views 0 comment Print

The issue was whether buyers can claim ITC when suppliers default on tax payment. The court upheld denial, emphasizing ITC is conditional on actual tax payment.

Wrong Section Claim Not Fatal: ITAT Remands Matter & Nullifies Penalty

May 2, 2026 225 Views 0 comment Print

The issue was denial of capital gains exemption due to claim under wrong section. The tribunal held that a genuine claim cannot be rejected merely for citing an incorrect provision and remanded the case.

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