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Archive: May, 2026

Posts in May, 2026

Section 148 Notice Invalid as It Was Served After Limitation Period: ITAT Mumbai

May 26, 2026 661 Views 0 comment Print

The ITAT Mumbai held that a reassessment notice cannot be treated as valid merely because it carried an earlier date when it was actually signed and served after limitation expired. The reassessment proceedings were quashed as without jurisdiction.

Calcutta HC Allows Fresh Hearing Due to Illegible Bill of Lading in GST Refund Case

May 26, 2026 339 Views 0 comment Print

The Court permitted the petitioner to produce a clearer bill of lading in support of its IGST refund claim on ocean freight. The appellate authority was directed to reconsider the appeal on merits.

Uploading GST Orders on Portal Alone Does Not Automatically Start Limitation Period: Allahabad HC

May 26, 2026 735 Views 0 comment Print

The Allahabad High Court set aside appellate orders dismissing GST appeals as time-barred after holding that the Revenue failed to establish actual communication of orders. The Court ruled that limitation must be computed from the date of effective communication disclosed by the assessee unless rebutted with evidence.

Interest Awarded After Tax Department Retained Matured KVPs Despite Settlement Payment

May 26, 2026 309 Views 0 comment Print

The Delhi High Court held that the Income Tax Department was liable to compensate an assessee for delayed release of seized KVPs and IVPs after settlement dues were paid. The Court awarded interest for the delay period and additional simple interest for continued non-payment.

ITAT Deletes Software Expense Disallowance for Lack of Evidence of Sham Transactions

May 26, 2026 342 Views 0 comment Print

The Chennai ITAT dismissed the Revenue’s appeal after finding that identical issues had already been decided in favour of the assessee in earlier assessment years. The Tribunal followed its previous ruling on software service payments.

No Section 69A Addition for Demonetisation Cash Deposits From Recorded Jewellery Sales: ITAT Ahmedabad

May 26, 2026 420 Views 0 comment Print

The ITAT Ahmedabad held that demonetisation-related cash deposits cannot be treated as unexplained money merely on suspicion when sales are properly recorded in books. The Tribunal upheld deletion of ₹2.35 crore addition due to absence of defects in evidence.

Balance Confirmation & RTGS Transfers Sufficient to Prove Financial Debt: NCLT Kolkata

May 26, 2026 348 Views 0 comment Print

NCLT observed that the corporate debtor had acknowledged outstanding balances and never denied receipt of loan disbursements. These records were held sufficient to establish debt and default under Section 7 of the IBC.

GST Writ Against Consolidated Show Cause Notice Dismissed as Appeal Remedy Available

May 26, 2026 459 Views 0 comment Print

The Calcutta High Court dismissed a writ petition challenging a consolidated GST show cause notice for multiple financial years, holding that the taxpayer had an effective appellate remedy under Section 107 of the CGST Act. The Court kept all issues relating to limitation and jurisdiction open for the appellate authority.

Nagpur ITAT Restores Unexplained Investment Addition for Denied Proper Opportunity

May 26, 2026 294 Views 0 comment Print

The Nagpur ITAT restored the issue of alleged unexplained investment to the Assessing Officer after observing that adequate opportunity was not granted before lower authorities. The Tribunal held that principles of natural justice required fresh examination of the assessee’s records.

Form 26AS Receipts Cannot Be Taxed Without Proper Reconciliation: ITAT Nagpur

May 26, 2026 417 Views 0 comment Print

The ITAT Nagpur held that receipts reflected in Form 26AS cannot automatically be treated as taxable turnover without verification and reconciliation with books of account and service tax records. The matter was remanded to the AO for fresh examination and cross-verification.

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