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Archive: May, 2026

Posts in May, 2026

AP HC Sets Aside Tax Assessment Due to Non-Disclosure of Yield Benchmark

May 27, 2026 162 Views 0 comment Print

The Andhra Pradesh High Court quashed assessment orders after finding that the Assessing Officer failed to disclose the basis for fixing a 94.5% oil yield benchmark. The Court held that non-supply of relied-upon material violated principles of natural justice.

MP HC Dismisses Writ as GST Appeal Was Time-Barred & Portal Notice were ignored

May 27, 2026 135 Views 0 comment Print

The Madhya Pradesh High Court held that a writ petition was not maintainable where the assessee failed to file a timely statutory appeal and did not comply with the mandatory GST pre-deposit requirement. The Court also noted that notices uploaded on the GST portal could not be ignored.

Karnataka HC Quashes GST Proceedings Because Joint Commissioner Lacked Assignment Authority

May 27, 2026 144 Views 0 comment Print

Karnataka High Court held that GST proceedings initiated for FY 2021-22 were without jurisdiction because the Joint Commissioner lacked valid authority to assign proceedings beyond the permitted period.

SC Upholds Quashing of GST Demand as Opportunity of Hearing Was Illusory

May 27, 2026 228 Views 0 comment Print

The Supreme Court refused to interfere with the Delhi High Court order quashing a GST demand passed under Section 73 due to violation of natural justice. The High Court held that granting less than one effective working day to respond to voluminous documents was not a meaningful hearing.

Retrospective VAT Registration Cancellation Does Not Automatically Make Purchases Bogus: ITAT Ahmedabad

May 27, 2026 117 Views 0 comment Print

Ahmedabad ITAT held that cost of improvement could not be disallowed solely because suppliers’ VAT registrations were later cancelled retrospectively. The Tribunal remanded the matter for verification of supporting purchase and transportation documents.

n-Hexane Not ‘Motor Spirit’ Without Proof of Engine Use Suitability: SC

May 27, 2026 168 Views 0 comment Print

The Supreme Court held that n-Hexane could not be classified as motor spirit under Chapter 27 merely because its flash point was below 25°C. The Revenue failed to prove that the imported product was suitable for use in spark ignition engines.

Section 143(1) Intimation Cannot Override Ongoing Scrutiny Assessment: ITAT Mumbai

May 27, 2026 303 Views 0 comment Print

The Tribunal noted that an adjustment under Section 35(1)(iv), already dropped during CPC processing, was later included in assessment computation without fresh notice to the assessee.

Section 40(a)(ia) Disallowance Cannot Apply as Expenses Stayed in Work-in-Progress: ITAT Mumbai

May 27, 2026 207 Views 0 comment Print

Mumbai ITAT held that disallowance under Section 40(a)(ia) cannot be made where expenditure remains part of work-in-progress and is not claimed in the profit and loss account. The Tribunal upheld adjustment of WIP instead of direct addition to income.

Bank Liable for TDS Default on LFC Payments as Foreign Travel Is Not Exempt

May 27, 2026 582 Views 0 comment Print

Agra ITAT held that the bank was liable under Section 201 for non-deduction of TDS on LFC involving foreign travel because no branch-specific interim judicial order was produced. The Tribunal distinguished earlier rulings that had granted relief based on specific High Court directions.

Absence of DIN Does Not Invalidate GST Order If RFN Is Verifiable: Rajasthan HC

May 27, 2026 189 Views 0 comment Print

The Rajasthan High Court held that a GST penalty order without a DIN was still valid because it contained a verifiable Reference Number (RFN) retrievable through the GST portal. The Court ruled that portal upload, email, and postal service satisfied statutory communication requirements.

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