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NCLT Admits Insolvency Plea as Financial Debt & Continuing Default Clearly Established

May 8, 2026 312 Views 0 comment Print

SREI Equipment Finance Limited Vs SRK Infracon (India) Private Ltd (NCLT Hyderabad) The National Company Law Tribunal admitted an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, for initiation of Corporate Insolvency Resolution Process (CIRP) against a corporate debtor after finding clear existence of financial debt, continuing default, and a valid claim […]

Bakery Products Sold Without Preparation Are Supply of Goods Under GST: Gujarat AAR

May 8, 2026 471 Views 0 comment Print

The Gujarat AAR ruled that pizzas, pasta, salads, shakes, and similar items prepared or blended at bakery outlets upon customer order constitute restaurant services under GST. The ruling applies even where the food is sold through takeaway counters.

GSTAT Rejects Mechanical Price Comparison as DGAP Compared Average & Actual Prices Arbitrarily

May 8, 2026 342 Views 0 comment Print

GSTAT noted inconsistencies in the DGAP’s findings regarding whether the Respondent had actually increased base prices after GST rate reduction. The Tribunal held that such contradictions required comprehensive reinvestigation.

Anti-Profiteering Allegations Rejected Because Entire Works Contract Was Executed After GST Implementation

May 8, 2026 312 Views 0 comment Print

The Tribunal noted that the Applicant repeatedly failed to appear or file objections despite multiple opportunities being granted. In absence of any rebuttal, GSTAT proceeded on the basis of the DGAP report and available records.

Section 271C Penalty Deleted as Proceedings Were Barred by Section 275(1)(c) Limitation

May 8, 2026 432 Views 0 comment Print

ITAT Raipur held that penalty proceedings initiated after unreasonable delay violated the statutory limitation prescribed under Section 275(1)(c). The Tribunal ruled that delayed penalty orders cannot survive once limitation expires.

Section 263 Revision Invalid as AO Already Examined Accumulated Fund Utilization: Bombay HC

May 8, 2026 294 Views 0 comment Print

Bombay High Court held that revisionary powers under Section 263 cannot be invoked where the Assessing Officer had already conducted enquiries and accepted a plausible view. Mere dissatisfaction with the depth of enquiry does not render the assessment order erroneous.

Bogus Purchases Fully Disallowable as Supplier Was Found Non-Existent: ITAT Kolkata

May 8, 2026 849 Views 0 comment Print

ITAT Kolkata held that entire bogus purchases must be added under Section 69C where the supplier was proved to be a paper entity and no evidence of actual delivery of goods existed. The ruling reiterates that bank payments and invoices alone cannot establish genuineness.

Section 44AD Cannot Apply as Turnover Exceeded Prescribed ₹2 Crore Limit: ITAT Kolkata

May 8, 2026 696 Views 0 comment Print

ITAT Kolkata held that presumptive taxation under Section 44AD was wrongly invoked where the assessee’s turnover exceeded ₹2 crore. The Tribunal clarified that statutory turnover limits must be strictly satisfied before applying presumptive profit provisions.

Use of Honirifics ‘Hon’ble’ restricted to Sovereign Constitutional Functionaries: Allahabad HC

May 8, 2026 1875 Views 0 comment Print

The Court held that Members of Parliament and other constitutional authorities are entitled to the honorific “Hon’ble” under established protocol. It clarified that personal familiarity or grievances cannot justify omission of the recognized honorific.

Negative ITC Blocking Illegal as Rule 86A Covers Only Available Credit: Bombay HC

May 8, 2026 759 Views 0 comment Print

The Bombay High Court ruled that GST authorities cannot create a negative balance in the Electronic Credit Ledger while blocking ITC under Rule 86A.

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