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Archive: May, 2026

Posts in May, 2026

Unsigned Section 148 Notice Held Valid Due to Mention of AO Name and Designation

May 22, 2026 1026 Views 0 comment Print

The Delhi High Court held that a reassessment notice without physical signature remains valid when the name and designation of the Assessing Officer are clearly mentioned. The Court ruled that Section 282A(2) recognizes such authentication in the digital era.

Assessment Order Quashed Due to Email Communication Issue Despite Valid Section 148 Notice

May 22, 2026 675 Views 0 comment Print

Court upheld the validity of the Section 148 notice but set aside the assessment order after finding that notices were sent to an old email address, resulting in denial of adequate opportunity to the assessee.

ITAT Delhi Quashes Reassessment Orders for Failure to Provide Reasons for Reopening

May 22, 2026 339 Views 0 comment Print

ITAT Delhi held reassessment orders invalid because the assessee was not supplied with the recorded reasons for reopening under Section 148. The Tribunal ruled that such non-compliance violated the law laid down in GKN Driveshafts.

Opening Balances Cannot Be Added Under Section 68 as They Relate to Earlier Years

May 22, 2026 399 Views 0 comment Print

Tribunal reiterated that credits brought forward from earlier financial years cannot ordinarily be taxed under Section 68 in subsequent years. The matter was remanded for verification because the assessee had not furnished complete creditor details.

Customs Reclassification Rejected as Cold Drawn Steel Product Was Held to Be Wire and Not Wire Rod

May 22, 2026 198 Views 0 comment Print

CESTAT Chennai held that imported cold heading quality alloy steel products were classifiable as wire under CTH 7229 after undergoing cold drawing processes. The Tribunal ruled that denial of exemption and differential duty demand could not survive once the classification was found correct.

CESTAT Grants SEZ Service Tax Exemption as Place of Rendering Service Is Irrelevant

May 22, 2026 240 Views 0 comment Print

CESTAT Chennai held that services provided to SEZ units for authorised operations remain exempt from service tax even if part of the services are rendered outside SEZ premises. The Tribunal relied on Sections 26 and 51 of the SEZ Act to allow the appeal.

Orissa HC Directs GST Appeal Before GSTAT as GSTAT Is Now Functional

May 22, 2026 192 Views 0 comment Print

The Court held that once the GST Appellate Tribunal became operational and timelines were extended, disputes should be pursued through the statutory appellate mechanism instead of writ proceedings.

CESTAT Rejects Refund Claim as Self-Assessed Bill of Entry Was Never Challenged

May 22, 2026 222 Views 0 comment Print

The Bangalore CESTAT held that a refund claim cannot reopen a finalized customs assessment where the importer failed to challenge the self-assessed Bill of Entry within the statutory appeal period.

CESTAT Deletes CHA Penalty as Misclassification Alone Does Not Make Goods Confiscable

May 22, 2026 282 Views 0 comment Print

CESTAT Delhi held that mere misclassification of imported goods does not attract confiscation under Section 111(m) of the Customs Act. Since the goods were not liable for confiscation, penalty on the Customs House Agent under Section 112(a)(ii) was set aside.

SC Upholds Delhi HC Ruling as Reassessment Was Based on Changing Grounds

May 21, 2026 480 Views 0 comment Print

The Supreme Court dismissed the challenge to a Delhi High Court ruling that quashed reassessment proceedings under Sections 148A(d) and 148. The courts held that reassessment cannot be sustained on allegations that change after issuance of the original notice.

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