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Archive: May, 2026

Posts in May, 2026

NCLT Directs Liquidation After 741-Day CIRP Expires Without Approved Resolution Plan

May 22, 2026 228 Views 0 comment Print

Tribunal noted that the CIRP period, including all extensions, had reached 741 days and expired on 20 November 2025. Since no plan was approved by the CoC, liquidation under Section 33 of the IBC was ordered.

P&H High Court Recalculates Motor Accident Compensation Based on Average Income after Tax

May 22, 2026 243 Views 0 comment Print

The Punjab and Haryana High Court enhanced compensation after holding that one income tax return reflected earnings only up to the accident date and could not be treated as annual income.

NCLT Orders Liquidation After CoC Rejects All Resolution Plans With Majority Vote

May 22, 2026 279 Views 0 comment Print

The NCLT Mumbai held that liquidation became mandatory under Section 33(2) of the IBC after the Committee of Creditors rejected all resolution plans with a 95.63% voting share. The Tribunal ruled that, in the absence of an approved plan, liquidation proceedings had to be initiated.

Education Cess Paid via MEIS Scrips Cannot Be Recovered Again in Cash: CESTAT Mumbai

May 22, 2026 150 Views 0 comment Print

CESTAT Mumbai ruled that Education Cess and Secondary & Higher Education Cess paid through MEIS duty credit scrips for past imports constituted valid discharge of customs duty liability. The Tribunal held that any fresh cash recovery by the Revenue would amount to impermissible double recovery.

Technology Transfer Under India-Russia Defence Agreement Not Taxable as Consultancy Service: CESTAT Hyderabad

May 22, 2026 174 Views 0 comment Print

Tribunal ruled that payments made for transfer of technology, technical documents, and manufacturing assistance under an inter-governmental agreement did not amount to Scientific and Technical Consultancy Service. It held that the arrangement related to technology transfer for aircraft production and not taxable consultancy.

Air Ticket Booking Alone Not Taxable as ‘Tour Operator’ Service: CESTAT Chennai

May 22, 2026 177 Views 0 comment Print

CESTAT Chennai held that mere trading in air tickets did not amount to taxable “Tour Operator” service. The Tribunal ruled that retaining discounts on ticket sales was outside the scope of service tax.

Past GST Cancellation Cannot Justify Customs Broker License Revocation: CESTAT Delhi

May 22, 2026 174 Views 0 comment Print

CESTAT Delhi held that earlier GST cancellation history became irrelevant once the exporter possessed valid GST registration on the transaction date. The Tribunal set aside revocation of the Customs Broker License.

No TDS on compensation under a mediated land acquisition settlement: Karnataka HC

May 22, 2026 372 Views 0 comment Print

The Karnataka High Court accepted a mediation settlement in a prolonged land acquisition dispute after parties agreed on compensation, interest, and payment timelines. The Court held that the settlement would replace earlier awards and decrees under Section 89 CPC.

Bad Debts Written Off Cannot Be Disallowed as Prior Period Expenses: ITAT Mumbai

May 22, 2026 300 Views 0 comment Print

Tribunal held that deduction for bad debts is allowable in the year in which the debts are actually written off in the books of account. It rejected the Revenue’s view that NPAs classified earlier must necessarily be written off in those earlier years.

Capital Gains Cannot Become Business Income Merely Due to Borrowed Funds: ITAT Ahmedabad

May 22, 2026 318 Views 0 comment Print

ITAT Ahmedabad held that delivery-based share transactions shown as investments in books could not be treated as business income without supporting evidence. The Tribunal upheld capital gains treatment for both STCG and LTCG.

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