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‘No Addition, No Penalty’ – Section 271E Penalty Invalidated by ITAT Agra

April 28, 2026 531 Views 0 comment Print

he issue was whether penalty under Section 271E can stand after deletion of the underlying addition. The tribunal held that once the addition is deleted, the penalty loses its foundation and must be cancelled.

Belated ITC Valid After Retrospective Section 16(5) Amendment: Madras HC

April 28, 2026 213 Views 0 comment Print

The Court held that retrospective insertion of Section 16(5) cures delayed ITC claims for earlier years. The matter was remanded for fresh verification subject to submission of supporting documents.

NCLT Rejected CIRP Plea Due to Pre-Existing Dispute Over Delayed Charges Claim

April 28, 2026 237 Views 0 comment Print

The issue was whether delayed charges without supporting records could qualify as operational debt. The Tribunal ruled that absence of invoices and ledger entries made the claim unascertained and disputed.

Writ Rejected for Alternate Remedy but GST Appeal Permitted Without Limitation Hurdle

April 28, 2026 342 Views 0 comment Print

The issue was whether a writ could bypass the statutory appeal against a GST order. The court held it could not, but allowed filing of appeal within four weeks without limitation objections.

GST Order Set Aside Due to Lack of Proper Hearing Notice, HC Calls It ‘Eyewash’

April 28, 2026 477 Views 0 comment Print

The issue was whether passing an order without prior hearing notice violates natural justice. The court held that same-day hearing without intimation is invalid and set aside the demand.

Ex-Parte GST Registration Cancellation Case: Patna HC Advises Statutory Appeal

April 28, 2026 261 Views 0 comment Print

The issue involved cancellation of GST registration allegedly without proper hearing. The court allowed the petitioner to approach the appellate tribunal, emphasizing use of statutory remedies.

Jaggery-Water Curing Does Not Make Tobacco “Manufactured”: Madras HC

April 28, 2026 258 Views 0 comment Print

The issue was whether processed tobacco should be taxed as raw leaf or manufactured product. The court held it as raw tobacco to avoid unequal tax treatment for identical goods.

GST Assessment Set Aside as Order Passed Without Hearing: Madras HC Directs Fresh Order

April 28, 2026 360 Views 0 comment Print

The Court held that the assessment confirmed without a reply warranted reconsideration. It remanded the case for fresh adjudication upon filing of response and documents.

Writ Disposed as GSTAT Functional & Appeal Remedy Available: Orissa HC

April 28, 2026 276 Views 0 comment Print

The Court held that once the GST Appellate Tribunal became operational, disputes must be pursued through the statutory appeal mechanism. It directed filing of appeal within prescribed timelines.

ITAT Rightly Restricted Bogus Purchase Addition to 10% as Sales Accepted: Bombay HC

April 28, 2026 393 Views 0 comment Print

The Court held that where corresponding sales are accepted, only the profit element in alleged bogus purchases can be taxed. It upheld the ITAT’s restriction of disallowance to 10% and dismissed the Revenue’s appeal.

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