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EOI Rejection Upheld Due to Failure to Meet Net Worth Criteria in CIRP

April 4, 2026 1338 Views 0 comment Print

The tribunal upheld rejection of a resolution applicant’s EOI for not meeting the minimum net worth requirement set by the CoC. It ruled that MSME status does not exempt compliance with eligibility criteria fixed under IBC.

Payment Credit under SVLDR Scheme Cannot Be Denied for Accounting Head Mismatch

April 4, 2026 480 Views 0 comment Print

The Court held that payments cannot be denied credit merely because they were recorded under different accounting heads. It ruled that substantive relief under the Sabka Vishwas Scheme must prevail over technical classifications.

Delay Condonation Request Directed to Correct Jurisdiction After PAN Transfer

April 4, 2026 972 Views 0 comment Print

The Court directed the jurisdictional authority to consider the delay condonation request after PAN transfer. It held that the application must be decided in accordance with law.

Service Tax Demand Invalid Due to Reliance Solely on 26AS/ITR–ST-3 Mismatch

April 4, 2026 1023 Views 0 comment Print

The case addresses whether discrepancies between ITR/Form 26AS and ST-3 returns can justify a Service Tax demand. The Tribunal held that without independent verification, such demands are unsustainable and must be set aside.

Dividend Stripping Disallowance Upheld as Section 94(7) Applies to Entire Dividend

April 4, 2026 675 Views 0 comment Print

The case examined whether disallowance under section 94(7) should be limited to exempt dividend. The Tribunal held that the provision applies to the full dividend received, rejecting the assessee’s claim.

GST Proceedings Revived as ITC Reversal During Inspection Found Non-Voluntary

April 4, 2026 792 Views 0 comment Print

The case examined whether ITC reversal made during inspection was voluntary. The Court held that the timing and presence of authorities indicated lack of voluntariness. It further restored proceedings to protect the Revenue’s statutory rights and allowed fresh action.

Settlement of Arbitration Award on Corporate Guarantee Deductible Under Section 37(1)

April 4, 2026 423 Views 0 comment Print

The case examined whether settlement of a corporate guarantee liability qualifies as business expenditure. The Tribunal held that the guarantee was given for business purposes and the resulting payment was allowable. 

Value Enhancement Invalid as NIDB Data Alone Cannot Replace Declared Transaction Value

April 4, 2026 471 Views 0 comment Print

The case examined whether transaction value can be rejected without inquiry. The Tribunal held that absence of investigation and proper procedure invalidates valuation enhancement.

Madras HC Upheld VAT Demand Due to Lack of Proof of Sister Concern Stock Ownership

April 4, 2026 417 Views 0 comment Print

The case addressed whether stock discrepancies could be attributed to a sister concern. The Court held that absence of supporting evidence justified the VAT demand and confirmed the assessment.

Share Gains Treated as Capital Gains Due to Consistent Treatment

April 4, 2026 420 Views 0 comment Print

The issue was whether share transactions constituted business income or capital gains. The Court upheld investor status based on consistent treatment and factual findings, dismissing the Revenue’s appeal.

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