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Archive: July, 2026

Posts in July, 2026

Section 148 Notice Quashed for Lack of Live Nexus With Seized Material: Gujarat HC

July 5, 2026 360 Views 0 comment Print

Gujarat HC quashed a Section 148 notice, holding that a seized inquiry register without a live nexus to the assessee cannot justify reassessment.

Service Tax Demand Cannot Rest on Freight Ledger Entries Alone: CESTAT Hyderabad

July 5, 2026 135 Views 0 comment Print

CESTAT Hyderabad set aside a reverse charge Service Tax demand, holding that accounting differences alone cannot establish taxability or justify extended limitation.

Section 74 Proceedings Upheld for Excess ITC & RCM Default: Madras HC

July 5, 2026 462 Views 0 comment Print

Madras HC upheld Section 74 proceedings, finding prima facie excess ITC availment and unpaid GST under RCM on foreign booking agency commissions.

50-Year Lease Not a Transfer U/s. 2(47)(vi) Without Transfer Arrangement: ITAT Nagpur

July 5, 2026 219 Views 0 comment Print

ITAT Nagpur held that a 50-year lease is not a transfer under Section 2(47)(vi) where the transaction is only a lease and not an arrangement to transfer ownership.

Section 149 Limitation Bars Section 148 Reassessment Based on Search Material: Gujarat HC

July 5, 2026 393 Views 0 comment Print

Gujarat HC quashed Section 148 reassessment as it was issued beyond Section 149 limitation, holding Section 152(3) applies to search-based reassessments.

Bona Fide Dispute on Debt Bars Winding Up Petition Under Section 433(e): MP HC

July 5, 2026 147 Views 0 comment Print

Madhya Pradesh HC dismissed a winding up petition, holding that a bona fide dispute over liability required adjudication before the appropriate forum.

Interest on Refund U/s. 11BB Limited to Statutory Delay: CESTAT Allahabad

July 5, 2026 378 Views 0 comment Print

CESTAT Allahabad held duty paid under protest remains a duty deposit under Section 11B, with interest under Section 11BB payable only for statutory delay.

Interest on Refund Payable When Amount Treated as Pre-Deposit: CESTAT Allahabad

July 5, 2026 387 Views 0 comment Print

CESTAT held refund interest is payable under Section 35FF where the amount was treated as pre-deposit for appeal and accepted as such by revenue authorities.

Transitional ITC Carried U/s. 140 Not Refundable Under Section 54(3): Gujarat HC

July 5, 2026 402 Views 0 comment Print

Gujarat HC held transitional ITC carried under Section 140 cannot be refunded under Section 54(3). Such credit remains available for utilization, not cash refund.

Section 11 MOFA Deemed Conveyance Not Barred by Section 14 IBC Moratorium: Bombay HC

July 5, 2026 381 Views 0 comment Print

Bombay HC held that Section 14 IBC moratorium does not prevent deemed conveyance under Section 11 MOFA and restored the society’s application for merits.

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