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Judiciary

CCI Rejects Excessive Pricing Allegations Against Super-Specialty Hospital for Lack of Comparable Evidence

May 23, 2026 351 Views 0 comment Print

The CCI held that higher prices charged by a private super-specialty hospital for tests, medicines, and consumables did not automatically amount to abuse of dominance. The Commission found no sufficient evidence proving that the pricing was both excessive and unfair.

Jharkhand HC Refuses GST Writ Due to Availability of Statutory Appeal Remedy

May 23, 2026 249 Views 0 comment Print

The High Court held that disputes involving factual examination and merits under Section 74 of the CGST Act must ordinarily be pursued through statutory appeals. It ruled that neither lack of jurisdiction nor violation of natural justice was established to justify bypassing alternate remedies.

SC Stays GST Section 74 Proceedings Due to Pending Jurisdictional Issue on Alternate Remedy

May 23, 2026 831 Views 0 comment Print

The Supreme Court stayed further proceedings arising from a Section 74 GST order while examining whether writ petitions can be entertained despite statutory appellate remedies. The Court linked the matter with a pending case involving similar jurisdictional and natural justice concerns.

ITAT Restores Appeal as Assessee Uploaded Replies in Wrong NFAC Window

May 23, 2026 96 Views 0 comment Print

Pune ITAT remanded the matter after the assessee explained that responses meant for the assessment appeal were inadvertently uploaded in the penalty appeal portal.

NCLT Orders Dissolution as All Assets Were Liquidated & Distributed Under Section 53

May 22, 2026 471 Views 0 comment Print

NCLT Indore held that dissolution under Section 54 of the IBC was justified after all assets of the corporate debtor were liquidated and proceeds distributed according to Section 53 priorities. The Tribunal found no remaining assets or pending proceedings.

GST Appeal Delay Condoned as Taxpayer Relied on Consultant & Was Unaware of Cancellation

May 22, 2026 450 Views 0 comment Print

The Rajasthan High Court held that refusal to hear the appeal on merits would cause grave prejudice where cancellation of GST registration impacted business continuity and livelihood. The Court exercised writ jurisdiction to condone the delay.

GST Order Set Aside as Summary SCN Cannot Replace Statutory Notice: Gauhati HC

May 22, 2026 399 Views 0 comment Print

The Gauhati High Court held that a Summary Show Cause Notice in Form GST DRC-01 cannot substitute the mandatory notice under Section 73(1) of the AGST Act. The GST demand order was quashed for non-compliance with statutory procedure.

ITAT Rejects Bogus Purchase Allegation as AO Failed to Prove Discrepancies in Books

May 22, 2026 852 Views 0 comment Print

Tribunal observed that the Assessing Officer failed to establish any mismatch in stock, sales, or accounting records before making a 10% purchase disallowance. The addition was deleted as it was based only on assumptions derived from portal data.

NCLT Admits CIRP as OTS Proposal Remained Unimplemented Despite Repeated Extensions

May 22, 2026 405 Views 0 comment Print

NCLT Mumbai held that ongoing One-Time Settlement discussions cannot defeat insolvency proceedings when debt and default are admitted. The Tribunal observed that the corporate debtor repeatedly failed to deposit the required upfront OTS amount.

Kerala HC Dismisses Writ Appeal as GST DRC-01 Notice Prima Facie Satisfied Section 74 Requirements

May 22, 2026 225 Views 0 comment Print

The Kerala High Court held that although the earlier communication was not a Section 74 notice, the subsequent GST DRC-01 notice prima facie met statutory requirements. The Court directed the taxpayer to pursue statutory appellate remedies.

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