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Judiciary

GST Confiscation Invalid as Section 130 Used Instead of Sections 73/74 Procedure: Allahabad HC

May 5, 2026 318 Views 0 comment Print

The court held that tax determination must follow Sections 73 or 74 and cannot be replaced by Section 130 proceedings. It found the action legally unsustainable. The ruling reinforces procedural compliance under GST law.

Oppression & Mismanagement Petition Rejected Due to Dispute Being Purely Contractual & Arbitrable

May 5, 2026 552 Views 0 comment Print

The issue involved allegations of mismanagement framed under company law provisions. The Tribunal held that the core dispute arose from contractual obligations under a term sheet. It referred the matter to arbitration, emphasizing that such disputes must follow agreed dispute resolution mechanisms.

ITAT Remands Addition Due to Failure to Verify GST Turnover Instead of Bank Credits

May 5, 2026 273 Views 0 comment Print

The issue involved estimation of income based solely on bank credits without supporting verification. The Tribunal remanded the case, directing assessment based on GST and VAT turnover.

Gujarat HC Dismisses Appeal as Only Profit Element of Bogus Purchases Taxable

May 5, 2026 648 Views 0 comment Print

The court held that only the income component of alleged bogus purchases can be taxed, not the entire transaction. It upheld the Tribunal’s restriction of addition to 6%. The ruling reinforces limits on full disallowance.

Penalty Under Section 114AA Set Aside as No False Declaration Proven: CESTAT Delhi

May 5, 2026 321 Views 0 comment Print

The Tribunal held that delayed submission of required certificates constituted a procedural lapse without intent to evade duty. It reduced penalties and redemption fine. The ruling emphasizes leniency in technical non-compliance cases.

No Section 68 Addition Where Loan Repaid Through Banking Channels & Supported by Evidence

May 5, 2026 462 Views 0 comment Print

The tribunal held that interest cannot be disallowed where advances to related parties are made for business purposes and out of own funds, emphasizing the principle of commercial expediency.

Section 263 Upheld as AO Failed to Examine Nature of ₹3.98 Crore Receipt: ITAT Chandigarh

May 5, 2026 243 Views 0 comment Print

The Tribunal held that lack of inquiry into a large receipt justified revision under Section 263. It found the assessment erroneous and prejudicial to revenue. The ruling reinforces duty of proper verification.

Section 271(1)(c) Penalty deleted Due to Bona Fide Claim on Lease Premium Deduction

May 5, 2026 288 Views 0 comment Print

The issue involved penalty on disallowance of lease premium deduction. The Tribunal held that admission of the issue by the High Court made it debatable. It ruled that penalty cannot be imposed in such cases.

Delhi HC Set Aside Anti-Profiteering Order Due to Need for Fresh Examination of Facts

May 5, 2026 243 Views 0 comment Print

The issue involved alleged failure to pass on input tax credit benefits. The Court set aside the order and remanded the matter for fresh factual determination by the tribunal.

Delhi HC Grants Interim Relief as GSTAT Exceeded Scope of Remand Order

May 5, 2026 285 Views 0 comment Print

The issue concerned whether the tribunal acted beyond the High Court’s earlier remand directions. The Court granted interim protection and restrained coercive action pending further hearing.

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