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Judiciary

ITAT Restores 12A Registration Application as Bona Fide Error in Form Clause Cannot Defeat Claim

May 30, 2026 207 Views 0 comment Print

The Tribunal held that a trust’s application for regular registration could not be rejected solely because the wrong clause was selected in the prescribed form. It directed the authority to treat the application under the correct provision and decide it on merits.

Section 276B Criminal Proceedings Not Quashed as Service of Notice Established Wilful Default

May 30, 2026 156 Views 0 comment Print

Although the applicants highlighted the prolonged pendency of the case, the Court found that factual and legal issues remained to be examined at trial. The proceedings were therefore not quashed.

SC Sets Aside Bail Condition as Security Bond Was Linked to Undetermined Tax & Penalty Amount

May 30, 2026 141 Views 0 comment Print

The Court held that a bail condition linked to tax and penalty amounts that were yet to be determined was vague and unenforceable. Security of disclosed assets was accepted in its place.

Gauhati HC Declines Writ Petition as Effective GST Appellate Remedy Was Available

May 30, 2026 267 Views 0 comment Print

The Court declined to exercise writ jurisdiction where a statutory appeal under Section 112 of the CGST Act was available. Liberty was granted to file the appeal before the prescribed deadline.

GST Section 16(5) Overrides Section 16(4) as Returns Were Filed Before Cut-Off Date: Kerala HC

May 30, 2026 213 Views 0 comment Print

The High Court held that returns filed before the cut-off date specified in Section 16(5) entitled the taxpayer to claim ITC. It quashed the order denying ITC based on the limitation under Section 16(4).

Outward Freight Credit Cannot Be Denied When Supplier Bears Freight and Insurance Costs: CESTAT Kolkata

May 30, 2026 150 Views 0 comment Print

CESTAT Kolkata held that Cenvat credit on Service Tax paid for outward freight and insurance was admissible where goods were delivered at the buyer’s premises and ownership passed there. The demand was set aside on merits and limitation.

Income Tax Demand Quashed as Resolution Plan Extinguished Pre-CIRP Tax Dues

May 30, 2026 168 Views 0 comment Print

The Gujarat High Court held that tax liabilities relating to periods before approval of a resolution plan stood extinguished under Section 31 of the IBC. Consequently, the assessment order and demand notice were quashed.

ITAT Orders Fresh Review as On-Money Addition Was Based on Loose Sheet

May 30, 2026 198 Views 0 comment Print

The case involved additions for alleged on-money in Godhavi land transactions based on a handwritten loose sheet. The Tribunal restored the matter for fresh consideration, highlighting issues relating to evidence and assessment findings.

ITAT Quashes Section 263 Revision Because PCIT Raised New Issues Beyond SCN

May 30, 2026 186 Views 0 comment Print

ITAT Delhi held that the PCIT exceeded jurisdiction by introducing issues not mentioned in the Section 263 show-cause notice. The revision order was quashed for travelling beyond the scope of the proceedings.

Kerala HC Denies Interest Deduction as Borrowed Funds Were Invested as Capital in Partnership Firm

May 30, 2026 669 Views 0 comment Print

The Kerala High Court held that deduction under Section 36(1)(iii) was unavailable where borrowed money was invested as capital in a partnership firm and not used for the assessee’s own business.

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