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Judiciary

CAAR Rejected Advance Ruling Due to Prior HC Decision on Classification Issue

May 2, 2026 462 Views 0 comment Print

The authority refused to admit an advance ruling application as the classification of roasted areca nuts had already been decided by a High Court. The ruling highlights the statutory bar under Section 28-I(2) when issues are previously adjudicated.

CAAR Denied Advance Ruling Due to Pending Identical Issue Before HC

May 2, 2026 300 Views 0 comment Print

The authority declined to rule on tariff classification as a similar matter was pending before the High Court. It held that Section 28-I bars decisions in such cases. The applicant may reapply after final adjudication.

Advance Ruling Rejected as Warehousing Scheme Issue Falls Outside CAAR Jurisdiction

May 2, 2026 345 Views 0 comment Print

The authority examined whether warehousing scheme applicability can be decided under advance ruling. It held that such procedural issues fall outside Section 28H. The application was rejected as not maintainable.

ITC Denial Upheld Due to Supplier Tax Default Under GST Law: Gujarat HC

May 2, 2026 1635 Views 0 comment Print

The Court examined whether ITC can be denied when the supplier fails to deposit tax. It upheld the provision, ruling that ITC depends on actual tax payment to the Government. The key takeaway is that purchaser compliance alone is insufficient without supplier tax remittance.

Mandatory Service Charge by Restaurant is Illegal: CCPA

May 2, 2026 3399 Views 0 comment Print

The authority examined whether automatic service charges violate consumer rights. It ruled that default billing of such charges is coercive and constitutes an unfair trade practice. The case reinforces that service charges must remain voluntary.

Delay Condoned with Cost: ITAT Grants Fresh Chance, Slams Non-Compliance

May 2, 2026 372 Views 0 comment Print

The issue involved dismissal of appeal due to delay and non-appearance. The tribunal condoned the delay citing medical reasons and remanded the matter for fresh assessment, imposing cost for non-compliance.

GSTAT Remands Anti-Profiteering Case Due to Unverified ITC Reversal Claims

May 2, 2026 453 Views 0 comment Print

The Tribunal remanded the case after finding that ITC reversals on unsold inventory were not adequately examined. It directed fresh investigation to verify the impact on profiteering calculations and ensure proper assessment.

No GST Recovery for Two Weeks as Court Permits Delayed Appeal Filing: Telangana HC

May 2, 2026 339 Views 0 comment Print

The issue was delay in filing appeal due to alleged non-service of notice. The court allowed appeal filing with delay condonation and granted interim protection from recovery.

GST Writ Withdrawn to File Appeal, Telangana HC Allows Delay Condonation Plea

May 2, 2026 291 Views 0 comment Print

The issue involved challenging a GST order through writ instead of appeal. The court allowed withdrawal and permitted filing appeal with possible condonation of delay.

Section 153C Valid but Addition Fails: No Incriminating Material = No Deemed Dividend

May 2, 2026 276 Views 0 comment Print

The issue was addition of deemed dividend under search assessment. The tribunal held that without incriminating material, additions in completed assessments are unsustainable.

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