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Archive: May, 2026

Posts in May, 2026

ITAT Reduces Profit Estimation as Assessee Acted Only as Pass-Through Entity Earning Thin Commission Margins

May 22, 2026 183 Views 0 comment Print

Relying on its earlier ruling in the assessee’s own case, the Tribunal held that gross profit should be estimated at 0.40% rather than 2% of turnover. The order emphasised consistency in estimation across assessment years.

12A Registration Cannot Be Rejected Solely for Wrong Clause Selection in Form 10AB: ITAT Nagpur

May 22, 2026 201 Views 0 comment Print

The Tribunal condoned a 60-day delay after accepting explanations relating to migration of the ITAT portal and the death of a family member. The registration dispute was thereafter heard on merits.

Polypropylene Leno Taxable as Plastic Products as Raw Material Was Plastic Granules: Calcutta HC

May 22, 2026 186 Views 0 comment Print

The Court held that common trade parlance and industry understanding treated the goods as plastic sacks rather than textile products. This finding supported classification under HSN 3923.

P&H HC Sets Aside Retrospective GST Cancellation Due to Absence of Specific Notice

May 22, 2026 186 Views 0 comment Print

The Punjab and Haryana High Court held that retrospective GST registration cancellation cannot be sustained without specifically informing the taxpayer through a proper notice. The Court set aside the cancellation order for violation of natural justice principles.

Gujarat HC Quashes Reassessment as Reopening Was Based on Unverified Complaint

May 22, 2026 144 Views 0 comment Print

The Gujarat High Court set aside reassessment proceedings after finding that the Income Tax Department relied on an undated and uninvestigated complaint. The Court held that reopening based on conjectures and unsupported material could not be sustained.

Transfer of leasehold property with constructed building attracted Section 50C

May 22, 2026 195 Views 0 comment Print

The Tribunal held that leasehold rights transferred with land and building fall within the ambit of Section 50C. The matter relating to reassessment validity was sent back for fresh adjudication.

Section 154 Rectification Valid as DSIR Form 3CL Determined Eligible R&D Deduction

May 22, 2026 153 Views 0 comment Print

ITAT Mumbai held that Form 3CL issued by DSIR could not be treated as additional evidence during rectification proceedings since it had already been sent to the jurisdictional Assessing Officer. The Tribunal restored the issue for fresh quantification of deduction under Section 35(2AB).

Orissa High Court Quashes GST Demand Due to Denial of Personal Hearing

May 22, 2026 177 Views 0 comment Print

The Orissa High Court set aside GST demand and rectification orders after finding that the taxpayer’s reply and request for personal hearing were ignored. The Court held that failure to consider the reply violated principles of natural justice.

Jharkhand HC Quashes ITC Rejection Due to Subsequent Amendment in Section 16(5)

May 22, 2026 213 Views 0 comment Print

High Court held that GST authorities must consider CBIC circular clarifying implementation of Section 16(5) before sustaining denial of input tax credit for delayed return filing.

NCLAT Upholds Section 9 Admission as Separate Supply Obligations Created Operational Debt

May 22, 2026 201 Views 0 comment Print

NCLAT held that a joint venture arrangement did not prevent insolvency proceedings where separate agreements clearly imposed supply obligations and payment responsibilities between parties. Tribunal ruled that unpaid supply dues constituted operational debt under IBC.

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