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Calcutta HC Declines to Quash GST SCN as Adjudication Not Yet Commenced

June 28, 2026 153 Views 0 comment Print

The High Court held that a writ petition against a show cause notice is ordinarily not maintainable when adjudication has not begun. It directed the petitioner to file a detailed reply and permitted all issues to be decided during adjudication.

Writ Petition Not Maintainable as Election Affidavit Disputes Require Election Petition: Madras HC

June 28, 2026 87 Views 0 comment Print

The Madras High Court held that allegations regarding incorrect or incomplete disclosures in an election affidavit cannot be examined in a writ petition. It ruled that such challenges must be pursued through an election petition under the Representation of the People Act.

No Exempt Income Means No Section 14A Disallowance: ITAT Ahmedabad

June 28, 2026 120 Views 0 comment Print

The ITAT Ahmedabad held that no disallowance under Section 14A can be made where the assessee did not earn any exempt income during the relevant assessment year. It upheld the CIT(A)’s order deleting the addition.

ITAT Allows Excess Application Set-Off Because Books of Account Establish Charitable Expenditure

June 28, 2026 150 Views 0 comment Print

The ITAT Hyderabad held that excess application of income by a charitable trust can be adjusted against subsequent year’s income if supported by the trust’s books and records. It remanded the matter to the AO only for factual verification.

CESTAT Allows Refund as Missing Batch Numbers Cannot Defeat Verified Refund Claims

June 28, 2026 105 Views 0 comment Print

CESTAT Chennai held that refund cannot be denied merely because invoices do not mention batch numbers if the required correlation is established through contemporaneous records. The matter was remanded for limited verification.

ITAT Allows Section 80JJAA Deduction as Return & Form 10DA Were Filed Within Due Date

June 28, 2026 135 Views 0 comment Print

The ITAT Bangalore held that the return of income and Form No. 10DA were filed within the prescribed due date of 30.11.2018. It directed the Assessing Officer to allow the deduction under Section 80JJAA.

NCLT Admits Insolvency Against Personal Guarantor as Continuing Guarantee Kept Claim Within Limitation

June 28, 2026 192 Views 0 comment Print

The NCLT held that limitation against the personal guarantor commenced when the continuing guarantee was invoked and not from the date of default. It admitted the insolvency petition after finding it was filed within the applicable limitation period.

CESTAT Allows OID Cess Refund as Excess Duty Was Paid on Incorrect Assessable Value

June 28, 2026 123 Views 0 comment Print

CESTAT held that the appellant produced sufficient contractual and documentary evidence to establish that the incidence of OID Cess had not been passed on to the buyer. It therefore rejected the Department’s plea of unjust enrichment.

Section 69A Addition Cannot Be Based on Loan or Purchase Advance Discrepancy

June 28, 2026 288 Views 0 comment Print

The ITAT Ahmedabad held that merely describing a transaction as a loan by one party and a purchase advance by the other could not justify revision under Section 263. As the source of funds was explained and the amount was refunded, no addition under Section 69A was warranted.

Gauhati HC Restored GST Registration Subject to Payment of Outstanding Dues

June 28, 2026 177 Views 0 comment Print

The Gauhati High Court directed restoration of the cancelled GST registration subject to payment of all outstanding tax dues, penalties, and fines. The Court granted relief by following its earlier decision in a similar matter.

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