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Archive: 09 June 2026

Posts in 09 June 2026

Gauhati HC Quashes GST Cancellation Due to Wrong Form & Denial of 30-Day Response Period

June 9, 2026 279 Views 0 comment Print

The Court held that alleged non-compliance relating to bank account details under Rule 10A must be addressed through Form GST REG-31 after suspension of registration. Use of Form GST REG-17 was found legally unsustainable.

Denial of Cross-Examination Does Not Invalidate GST Fraud Assessment When ITC Can Be Proven Through Documents

June 9, 2026 360 Views 0 comment Print

The Madras High Court held that refusal to permit cross-examination does not automatically vitiate GST proceedings involving alleged fraudulent ITC claims. Taxpayers can establish entitlement to ITC through independent documentary evidence.

CESTAT Quashes Service Tax Demand as Reimbursable Expenses Were Not Taxable Before 2015 Amendment

June 9, 2026 297 Views 0 comment Print

CESTAT Chennai held that reimbursable expenses recovered on an actual basis could not be included in taxable value for periods prior to 14 May 2015. The ruling relied on the Supreme Court’s decision on the scope of Section 67 of the Finance Act, 1994.

Delhi HC Upholds Prior Arrest Notice in GST Cases Since It Is Not Blanket Anticipatory Bail

June 9, 2026 390 Views 0 comment Print

The Delhi High Court held that directing GST authorities to provide seven days’ prior notice before coercive action does not amount to blanket anticipatory bail. The ruling clarified that such protection merely preserves the individual’s right to seek legal remedies while allowing investigations to continue unhindered.

CESTAT Allows CENVAT Credit as Input Services Had Nexus With Taxable Output Services

June 9, 2026 288 Views 0 comment Print

CESTAT Chennai held that credits relating to renovation, sales promotion, testing services, vehicle-related expenses, and similar services could not be denied when they had a real nexus with taxable output services. The ruling clarifies that functional connection with business activities remains relevant even after amendments to the definition of input services.

ITAT Deletes LTCG Addition as Mere Suspicion Cannot Replace Evidence in Penny Stock Cases

June 9, 2026 357 Views 0 comment Print

ITAT Mumbai held that additions under Section 68 cannot be sustained merely on suspicion regarding penny stock transactions. The Tribunal ruled that documentary evidence and absence of direct incriminating material supported the assessee’s LTCG claim.

Writ Petition Dismissed as Section 53A cannot Establish Ownership for Depreciation Claim

June 9, 2026 279 Views 0 comment Print

The Court held that the assessee failed to produce any written or registered document proving transfer of property to the firm. Consequently, the challenge to the assessment proceedings was rejected, leaving the assessee to pursue statutory appellate remedies.

Mechanical Additions Running Into Crores Cannot Survive Without Proper Verification: ITAT Mumbai

June 9, 2026 267 Views 0 comment Print

ITAT Mumbai upheld the CIT(A)’s directions to verify fund flow, bank statements, and lenders’ creditworthiness before making additions. The Tribunal found the remand approach legally justified and free from infirmity.

CENVAT Credit Cannot Be Denied for Plant Maintenance Services Misclassified as Civil Construction: CESTAT Delhi

June 9, 2026 234 Views 0 comment Print

CESTAT Delhi held that works contract services used for repair and maintenance of existing plant and machinery qualify as input services. The Tribunal ruled that the exclusion under Rule 2(l) applies only to construction-related activities involving buildings or civil structures.

CESTAT Sets Aside Customs Demand as Undervaluation Allegations Lacked Admissible Evidence

June 9, 2026 351 Views 0 comment Print

CESTAT Chennai held that unsigned invoices, unauthenticated e-mails, and uncorroborated statements were insufficient to reject transaction value. The Tribunal quashed the demand, confiscation, and penalties after finding no proof of additional consideration.

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