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GST Cancellation Order Quashed Due to Lack of Reasons for Retrospective Effect

April 7, 2026 585 Views 0 comment Print

The Court ruled that cancellation cannot be applied retrospectively without proper application of mind. The order was quashed for lack of objective reasoning.

Retrospective GST Cancellation Set Aside Due to Lack of Opportunity to Respond

April 7, 2026 384 Views 0 comment Print

The Court held that cancellation based on reasons not mentioned in the SCN is unsustainable. The retrospective cancellation was modified to align with procedural fairness.

Section 54 Exemption Allowed Without Registration Due to Possession & Payment

April 7, 2026 747 Views 0 comment Print

The Tribunal held that exemption cannot be denied merely because the purchase agreement was unregistered. Substantial payment and possession were considered sufficient for claiming relief.

Section 54 Deduction Allowed Due to Investment Within Time from Registered Deed Date

April 7, 2026 642 Views 0 comment Print

The Tribunal held that where registration is delayed, the stamp duty value on the agreement date must be considered. The ruling applies the beneficial proviso to Section 50C retrospectively.

Section 54 Deduction Allowed for Multiple Floors Due to Single Residential House Interpretation

April 7, 2026 606 Views 0 comment Print

The Tribunal held that different floors of the same building constitute one residential house. Deduction under Section 54 cannot be denied on the ground of structural division.

No TCS on Compounding Fees as Illegal Mining Lacks Legal Contract or Licence: SC

April 6, 2026 534 Views 0 comment Print

The Supreme Court upheld that Section 206C(1C) applies only to lawful mining arrangements involving lease or licence. It ruled that compounding fees from illegal mining are not subject to TCS.

TCS Cannot Be Extended to Illegal Mining Cases Due to Absence of Transfer of Rights: Chhattisgarh HC

April 6, 2026 555 Views 0 comment Print

The High Court held that Section 206C(1C) applies only to lawful mining arrangements involving lease or licence. It ruled that compounding fees from illegal mining are outside its scope and not subject to TCS.

Foreign Investor Gains Not Taxable in India Due to DTAA Residency Rule: ITAT Mumbai

April 6, 2026 795 Views 0 comment Print

The tribunal held that gains from sale of shares did not fall under Article 14(4). It ruled that Article 14(6) applies, making gains taxable only in the country of residence. The decision clarifies DTAA interpretation.

Pre-Deposit Not Ground to Skip Appeal: Uttarakhand HC Dismisses GST Petition

April 6, 2026 756 Views 0 comment Print

The court declined to hear the GST dispute as an appeal remedy existed. It held that pre-deposit requirements cannot justify bypassing statutory remedies.

CENVAT Demand Quashed Due to Lack of Proof of Common Input Services

April 6, 2026 2082 Views 0 comment Print

The tribunal held that sale through regional offices does not amount to trading. It found that the goods were manufactured and duty was paid. The ruling clarifies distinction between manufacturing and trading.

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