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Judiciary

Madras HC Stays GST Proceedings on Mining Royalty Pending SC Decision

May 12, 2026 621 Views 0 comment Print

The Madras High Court directed GST authorities to keep proceedings on seigniorage fee and royalty demands in abeyance until the Supreme Court decides the issue. The Court, however, required deposit of 10% of the disputed tax as security.

Gujarat HC Restrains GST Order on Corporate Guarantee Dispute Pending Constitutional Challenge

May 12, 2026 351 Views 0 comment Print

The Gujarat High Court directed authorities not to pass any final order in a GST dispute concerning corporate guarantees during pendency of the writ petition. The case challenges Rule 28(2) and circulars prescribing 1% deemed valuation for GST purposes.

Three Hearing Dates Cannot Be Treated as Three Adjournments: Gujarat HC

May 12, 2026 684 Views 0 comment Print

Gujarat High Court quashed tax orders after holding that three hearing dates cannot be treated as three adjournments under Section 33A, citing breach of natural justice.

Reopening After 4 Years on Same “Hawala Purchase” Material = Mere Change of Opinion: Pune ITAT Quashes Reassessment

May 12, 2026 147 Views 0 comment Print

The Pune ITAT held that reassessment beyond four years based on the same hawala purchase material already examined during scrutiny amounted to a mere change of opinion. The reassessment proceedings were therefore quashed as invalid.

Income Tax Additions Based Only on DRI Allegations Sent Back for Fresh Review by ITAT

May 12, 2026 564 Views 0 comment Print

The Tribunal observed that earlier additions were primarily based on DRI show-cause notices without independent investigation by the Assessing Officer. Fresh adjudication was ordered after admission of subsequent customs findings.

Anticipatory Bail Allowed as No Specific Allegations Linked CA to Share Transfer Fraud

May 12, 2026 2442 Views 0 comment Print

The Telangana High Court granted anticipatory bail to a Chartered Accountant accused in a share transfer fraud case, observing that the evidence was primarily documentary in nature. The Court held that custodial interrogation was not necessary in the circumstances.

CESTAT Quashes Drawback Recovery as Repealed 1995 Rules Could Not Be Revived Through Section 159A

May 12, 2026 261 Views 0 comment Print

Tribunal held that Section 159A of the Customs Act could not revive Rules 16 and 16A of repealed 1995 Drawback Rules where 2017 Rules showed a different legislative intention. Recovery proceedings initiated in 2022 were therefore held unsustainable.

Facts, Terms & Intention of Parties Determine Sale or Works Contract: CESTAT Chennai

May 12, 2026 195 Views 0 comment Print

CESTAT Chennai ruled that the BOOT water transmission agreement was a single indivisible works contract and not a trading activity. The Tribunal held that transfer of property in goods during execution did not convert the contract into sale of goods.

Additional Documents in Black Money Case Not Complaint Amendment: Delhi HC

May 12, 2026 210 Views 0 comment Print

The Delhi High Court held that the scope of Section 311 Cr.P.C. is wide and extends to documentary evidence in addition to oral testimony. The provision can be used whenever the evidence is essential for a just decision.

Delay in Form 10 Can’t Defeat Charity: ITAT Revives ₹1.28 Crore Section 11(2) Accumulation Claim

May 12, 2026 186 Views 0 comment Print

ITAT Mumbai observed that the charitable trust had filed its original return within the due date prescribed under Section 139(1). The Tribunal directed fresh adjudication of the exemption claim instead of rejecting it on technical grounds.

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