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Archive: May, 2026

Posts in May, 2026

GST Appeal Cannot Be Rejected Without Considering Genuine Reasons for Delay: Gujarat HC

May 25, 2026 465 Views 0 comment Print

The Gujarat High Court held that a GST appeal filed within the additional condonable one-month period cannot be rejected mechanically on limitation grounds. The Court ruled that appellate authorities must examine whether sufficient cause for delay has been properly explained.

Adverse GST Orders Passed Without Oral Hearing Violate Mandatory Procedure: Allahabad HC

May 25, 2026 309 Views 0 comment Print

The Allahabad High Court held that adverse GST orders passed without granting personal hearing are procedurally invalid. The Court ruled that oral hearing under Section 75(4) is an independent statutory requirement.

Capital Gains Addition Cannot Stand When Property Sale Is Under Civil Dispute: ITAT Ahmedabad

May 25, 2026 357 Views 0 comment Print

The ITAT Ahmedabad restored reassessment proceedings after the assessee produced documents showing disputed property sales and pending civil litigation. The Tribunal held that additions relating to capital gains required fresh examination where sale transactions themselves were contested.

Participation in Reassessment Proceedings Cannot Cure Section 143(2) Notice Absence: ITAT Nagpur

May 25, 2026 318 Views 0 comment Print

ITAT Nagpur held that reassessment proceedings cannot survive without issuance of a mandatory notice under Section 143(2). The Tribunal ruled that participation by the assessee does not cure complete absence of statutory notice.

Calcutta HC Quashes Reassessment Notice as Amended Section 149 Limitation Applies Retrospectively

May 25, 2026 456 Views 0 comment Print

The Calcutta High Court held that reassessment proceedings for AY 2015-16 must comply with the amended limitation provisions under Section 149 effective from 01.09.2024. The Court quashed the notices as time-barred due to absence of material showing escaped income above Rs. 50 lakh.

ITAT Allows Vivad Se Vishwas Settlement as Wrong Appeal Was Withdrawn by Bona Fide Mistake

May 25, 2026 186 Views 0 comment Print

The ITAT Visakhapatnam held that an inadvertent withdrawal of the penalty appeal instead of the quantum appeal did not defeat settlement under the Vivad Se Vishwas Scheme. The Tribunal set aside the CIT(A) order and treated the appeal as withdrawn.

NCLT Admits CIRP Petition After Finding Financial Debt & Loan Default Established

May 25, 2026 366 Views 0 comment Print

The NCLT Kolkata admitted a Section 7 IBC petition after holding that the bank successfully established existence of financial debt and repayment default. The Tribunal initiated CIRP and imposed moratorium against the Corporate Debtor.

Anticipatory Bail Rejected in Coal Levy Scam Due to Prima Facie Role & Need for Custodial Interrogation

May 25, 2026 306 Views 0 comment Print

The Chhattisgarh High Court denied anticipatory bail after finding prima facie material indicating involvement in the alleged coal levy scam. The Court held that custodial interrogation was necessary due to statements, electronic evidence, and the seriousness of the economic offence.

CESTAT Remands Service Tax Case Due to Failure to File Grounds of Appeal in ST-4 Form

May 25, 2026 222 Views 0 comment Print

The Mumbai CESTAT remanded a service tax dispute after finding that the appellant failed to include grounds of appeal in the prescribed ST-4 form. The Tribunal held that proper pleadings are essential for meaningful appellate adjudication.

Calcutta HC Upholds Cost Recovery Charges Despite Absence of Formal Sanction of Customs Posts

May 25, 2026 411 Views 0 comment Print

The Calcutta High Court ruled that a CFS operator remained liable to pay cost recovery charges even without formal sanction of customs posts. The Court applied the doctrine of “substance over form” after finding that customs supervision and services were continuously provided.

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