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Judiciary

Hyderabad ITAT Quashes Assessment on Dead Person – Participation by Legal Heir Cannot Cure Jurisdictional Defect

May 18, 2026 348 Views 0 comment Print

The Tribunal ruled that participation by a legal heir does not validate notices and assessment orders issued in the name of a deceased assessee. Proceedings must be initiated strictly under Section 159 against legal representatives.

Calcutta HC Upholds Section 263 Revision as AO Failed to Examine Allocation of Head Office Expenses

May 17, 2026 447 Views 0 comment Print

Calcutta High Court held that failure to investigate allocation of common head office expenses to eligible units rendered assessment erroneous and prejudicial to Revenue interests.

Delhi HC Grants Bail Under PMLA as Woman Accused Not Automatically Subject to Section 45 Twin Cond

May 17, 2026 579 Views 0 comment Print

Delhi HC held that proviso to Section 45 of PMLA grants discretionary relief to women accused and stringent twin bail conditions would not ordinarily apply unless exceptional circumstances exist.

ITAT Quashes Reassessment as AO Changed Reason from Fake Loan Entries to Penny Stock LTCG

May 17, 2026 3627 Views 0 comment Print

The ITAT Ahmedabad held that reassessment under Section 147 was invalid because the Assessing Officer reopened the case for fictitious loan entries but made additions for alleged bogus LTCG from penny stock transactions. The Tribunal ruled that changing the basis of reopening is not permissible in law.

Gauhati HC Quashes GST Cancellation as Order Lacked Reasons Under FORM GST REG-19

May 17, 2026 369 Views 0 comment Print

Gauhati High Court held that cancellation of GST registration without assigning reasons in FORM GST REG-19 was illegal and violated statutory requirements. The Court restored the matter and granted the taxpayer fresh opportunity to respond.

CESTAT Remands Appeal as Commissioner Ignored Affidavit Explaining Delay in Filing

May 17, 2026 309 Views 0 comment Print

CESTAT Delhi remanded the matter after finding that the Commissioner (Appeals) failed to consider the appellant’s affidavit and explanation regarding delayed receipt of the order. The Tribunal held that the facts and circumstances required fresh examination.

CESTAT Mumbai Upholds SAD Credit Demand Due to Non-Reversal on Inputs

May 17, 2026 321 Views 0 comment Print

CESTAT Mumbai upheld demand, interest, and penalty for failure to reverse SAD Cenvat credit on imported inputs transferred between units. The Tribunal held that extended limitation was valid due to suppression in ER-1 returns.

Criminal Case Quashed as Former Director Had Resigned Before ITR Filing Default

May 17, 2026 315 Views 0 comment Print

The Madras High Court quashed prosecution under Sections 276CC and 278B after finding that the petitioner had resigned as director before the relevant assessment year. The Court relied on Form No.32 filed with the Registrar of Companies.

Automatic Soap Dispenser Cannot Be Classified as Toiletry Spray Since Product Only Dispenses Foam: CESTAT Bangalore

May 17, 2026 324 Views 0 comment Print

The Tribunal referred to HSN notes stating that Chapter 9616 does not cover dispersing appliances falling under Chapter 8424. Based on this reasoning, the imported soap dispenser was classified under CTI 8424 89 90.

Bombay HC Quashes GST Order as Proceedings Were Initiated Against Amalgamated Entity

May 17, 2026 465 Views 0 comment Print

Bombay High Court held that GST proceedings initiated against a company that had ceased to exist after amalgamation were void ab initio. The Court quashed the demand order passed in the name of the amalgamating entity.

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