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Archive: May, 2026

Posts in May, 2026

GST Writ Petition Dismissed Due to Availability of Section 112 Appeal: Gauhati HC

May 22, 2026 510 Views 0 comment Print

The Gauhati High Court held that the petitioner could pursue all grounds before the GST Appellate Tribunal under Section 112 of the CGST Act. Since the statutory remedy remained available, the writ petition was not entertained.

ITC Cannot Be Blocked Through Mere Email Without Formal Order and Recorded Reasons: P&H HC

May 22, 2026 186 Views 0 comment Print

The Court held that mere email communication blocking ITC without a formal order and recorded reasons contravened Rule 86A of the CGST Rules. The blocked input tax credit was directed to be released.

Concessional 22% Corporate Tax Rate Cannot Be Denied for Procedural Lapse: Rajasthan HC

May 22, 2026 222 Views 0 comment Print

The Rajasthan High Court held that the benefit of Section 115BAA could not be denied when Form 10-IC was filed within the period permitted under CBDT Circulars. The Court ruled that procedural delay could not defeat a clearly exercised tax option.

DVO Valuation Alone Cannot Justify Section 69 Addition Without Extra Payment Proof: ITAT Amritsar

May 22, 2026 282 Views 0 comment Print

The ITAT Amritsar held that a valuation report by itself cannot justify addition under Section 69 without evidence of extra payment. The Tribunal deleted the addition after finding no proof of on-money beyond the registered sale deed value.

Reopening Quashed as It Was Based on Unverified PDF Complaint Found on Third Party’s Mobile Phone: Gujarat HC

May 22, 2026 219 Views 0 comment Print

The Court held that the petitioner had no connection with the entities or individuals from whose devices the disputed material was recovered. The reassessment notices were set aside for lack of nexus.

Gujarat HC Quashed Section 148 Notice as Seized Material Had No Link With Assessee

May 22, 2026 207 Views 0 comment Print

The Court held that a document dated 2017 could not reasonably be linked to a land transaction executed in 2021 without supporting evidence. The absence of a live nexus rendered the reassessment invalid.

Karnataka HC Restores GST Registration as Notices Were Sent to Inaccessible Email Account

May 22, 2026 252 Views 0 comment Print

The Karnataka High Court set aside an ex-parte GST order after the petitioner stated that notices were sent to a paid email account that became inaccessible due to subscription default. The matter was remanded for fresh consideration and GST registration was restored.

Karnataka HC Remands Reassessment as Petitioner Failed to Participate Due to Auditor’s Lapse

May 22, 2026 153 Views 0 comment Print

The petitioner stated that reassessment notices were not acted upon because the auditor failed to inform it about the proceedings. The Court allowed fresh adjudication and restored the matter to the Section 148A(b) stage.

ITAT Deletes MAT Adjustment as Section 115JB Not Permit Exclusion of Alleged Bogus Loss

May 22, 2026 177 Views 0 comment Print

The ITAT Delhi held that the Assessing Officer could not alter book profit under Section 115JB by disallowing losses from alleged penny stock transactions. The Tribunal ruled that such adjustment was not permitted under the statutory explanations to Section 115JB.

Service Tax Demand Set Aside for reliance on Form 26AS & TDS Data Without Proper Examination

May 22, 2026 168 Views 0 comment Print

The Karnataka High Court set aside a service tax order after observing that the authority failed to properly examine exemption claims under Notification No.25/2012-ST. The matter was remanded for fresh consideration from the stage of reply to the show cause notice.

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