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Section 276B Criminal Proceedings Not Quashed as Service of Notice Established Wilful Default

May 30, 2026 183 Views 0 comment Print

Although the applicants highlighted the prolonged pendency of the case, the Court found that factual and legal issues remained to be examined at trial. The proceedings were therefore not quashed.

SC Sets Aside Bail Condition as Security Bond Was Linked to Undetermined Tax & Penalty Amount

May 30, 2026 147 Views 0 comment Print

The Court held that a bail condition linked to tax and penalty amounts that were yet to be determined was vague and unenforceable. Security of disclosed assets was accepted in its place.

Gauhati HC Declines Writ Petition as Effective GST Appellate Remedy Was Available

May 30, 2026 312 Views 0 comment Print

The Court declined to exercise writ jurisdiction where a statutory appeal under Section 112 of the CGST Act was available. Liberty was granted to file the appeal before the prescribed deadline.

GST Section 16(5) Overrides Section 16(4) as Returns Were Filed Before Cut-Off Date: Kerala HC

May 30, 2026 273 Views 0 comment Print

The High Court held that returns filed before the cut-off date specified in Section 16(5) entitled the taxpayer to claim ITC. It quashed the order denying ITC based on the limitation under Section 16(4).

Outward Freight Credit Cannot Be Denied When Supplier Bears Freight and Insurance Costs: CESTAT Kolkata

May 30, 2026 222 Views 0 comment Print

CESTAT Kolkata held that Cenvat credit on Service Tax paid for outward freight and insurance was admissible where goods were delivered at the buyer’s premises and ownership passed there. The demand was set aside on merits and limitation.

Income Tax Demand Quashed as Resolution Plan Extinguished Pre-CIRP Tax Dues

May 30, 2026 231 Views 0 comment Print

The Gujarat High Court held that tax liabilities relating to periods before approval of a resolution plan stood extinguished under Section 31 of the IBC. Consequently, the assessment order and demand notice were quashed.

ITAT Orders Fresh Review as On-Money Addition Was Based on Loose Sheet

May 30, 2026 345 Views 0 comment Print

The case involved additions for alleged on-money in Godhavi land transactions based on a handwritten loose sheet. The Tribunal restored the matter for fresh consideration, highlighting issues relating to evidence and assessment findings.

ITAT Quashes Section 263 Revision Because PCIT Raised New Issues Beyond SCN

May 30, 2026 225 Views 0 comment Print

ITAT Delhi held that the PCIT exceeded jurisdiction by introducing issues not mentioned in the Section 263 show-cause notice. The revision order was quashed for travelling beyond the scope of the proceedings.

Kerala HC Denies Interest Deduction as Borrowed Funds Were Invested as Capital in Partnership Firm

May 30, 2026 747 Views 0 comment Print

The Kerala High Court held that deduction under Section 36(1)(iii) was unavailable where borrowed money was invested as capital in a partnership firm and not used for the assessee’s own business.

Calcutta HC Rejects GST Challenge as DGGI Officers Were Held to Have Jurisdiction

May 29, 2026 489 Views 0 comment Print

The Court upheld the authority of DGGI officers to initiate and pursue proceedings under the CGST Act and rejected objections regarding their status as proper officers.

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