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Bombay HC Set Aside Interest Orders as Calculation Not As Per Section 56 of CGST Act

March 23, 2026 894 Views 0 comment Print

The issue involved incorrect computation of interest on IGST refunds. The Court held that authorities failed to follow statutory provisions under Section 56. The key takeaway is that interest must be calculated strictly as per law.

Meghalaya HC Set Aside Ex-Parte GST Order as SCN Not Properly Served

March 23, 2026 717 Views 0 comment Print

The issue involved an ex-parte GST order demanding ITC reversal without proper notice. The Court held that absence of opportunity to respond violated principles of natural justice. The key takeaway is that hearing is mandatory before passing adverse orders.

Gujarat HC Questions Non-Functional GST Tribunal, Seeks Govt Response

March 23, 2026 366 Views 0 comment Print

The issue involved lack of operational GST Tribunal despite its formal constitution. The Court noted that this forces taxpayers to approach the High Court unnecessarily. The key takeaway is that authorities must ensure timely functionality of statutory tribunals.

Allahabad HC Quashed GST Penalty Order as Valid Invoice & E-Way Bill Established Ownership

March 23, 2026 870 Views 0 comment Print

The issue involved penalty despite proper documentation. The Court held that valid invoice and e-way bill establish ownership, making action under Section 129(1)(b) invalid.

Allahabad HC: Goods Release Ordered as Invoice Value Applies Under Sec. 129(1)(a)

March 23, 2026 552 Views 0 comment Print

The issue involved whether valuation for release should follow invoice value or enhanced value. The Court held that Section 129(1)(a) applies, mandating release based on invoice valuation.

Retrospective cancellation of registration of Charitable Status invalid: ITAT Lucknow

March 23, 2026 771 Views 0 comment Print

Retrospective cancellation of registration was held to be invalid as the scheme of Act did not permit cancellation of registration under Section 12AA(3) with retrospective effect in absence of explicit statutory authority.

Section 68 Addition Upheld as Credit Entry Year Determines Taxability not year of Receipt in Bank

March 23, 2026 762 Views 0 comment Print

The Tribunal held that unexplained cash credits must be taxed in the year they are recorded in the books, not when allegedly received. Since the ₹80 lakh was credited in AY 1997–98, the addition under Section 68 was upheld despite claims of earlier receipt.

Section 87A Deduction Allowed as Income Below Rs 7 Lakh Despite Computation Errors

March 21, 2026 1356 Views 0 comment Print

The Tribunal examined denial of rebate due to technical computation issues. It held that deduction must be granted as income was below ₹7 lakh and statutory conditions were satisfied.

Addition Based on Third-Party Software Data Invalid Without Cross-Examination: ITAT Mumbai

March 21, 2026 1179 Views 0 comment Print

The Tribunal held that the addition based on third-party software data was invalid as the material was not provided to the assessee. Denial of cross-examination was found to violate principles of natural justice.

Procedural Lapse Cannot Override Substantive Claim: ITAT Allows Depreciation Correction

March 21, 2026 768 Views 0 comment Print

The Tribunal held that the maintainability of the appeal must be based on the correct tax effect and not erroneous figures in Form 36. Since the actual tax effect was below the CBDT threshold, the appeal was dismissed, reinforcing strict adherence to monetary limits.

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