Monthly Archives: May 2026

Writ is not maintainable to challenge transit penalties after voluntary payment and release of goods.

By | May 21, 2026

Writ is not maintainable to challenge transit penalties after voluntary payment and release of goods. Issue Whether a taxpayer can maintain a writ petition under Article 226 to challenge transit detention penalties and seek a refund on the grounds of an expired e-way bill and lack of tax evasion intent, when the person-in-charge voluntarily paid… Read More »

Category: GST

Writ jurisdiction cannot be invoked when an alternative statutory appeal remedy is available against an assessment order.

By | May 21, 2026

Writ jurisdiction cannot be invoked when an alternative statutory appeal remedy is available against an assessment order. Issue Whether a taxpayer can maintain a writ petition under Article 226 of the Constitution to challenge a final GST assessment order by claiming that the initial notice was merely a summary and lacked proper statutory elements, when… Read More »

Category: GST

High Court invokes writ jurisdiction to condone a 301-day delay in filing a GST registration cancellation appeal.

By | May 21, 2026

High Court invokes writ jurisdiction to condone a 301-day delay in filing a GST registration cancellation appeal. Issue Whether the High Court can invoke its constitutional writ jurisdiction to condone an appellate filing delay of 301 days—which exceeds the statutory ceiling limit prescribed under Section 107 of the CGST Act—to review an order cancelling a… Read More »

Category: GST

Voluntary tax payment and paid penalties under protest must be addressed through a manual rectification application rather than a writ remedy.

By | May 21, 2026

Voluntary tax payment and paid penalties under protest must be addressed through a manual rectification application rather than a writ remedy. Issue Whether a taxpayer can directly seek a writ remedy to quash an Order-in-Original and consequential recovery notices (Form GST DRC-13) when they claim the underlying tax liability was paid voluntarily and penalties were… Read More »

Category: GST

GST registration cannot be cancelled with retrospective effect unless the show-cause notice explicitly proposes it.

By | May 21, 2026

GST registration cannot be cancelled with retrospective effect unless the show-cause notice explicitly proposes it. Issue Whether the GST authority can validly cancel a taxpayer’s registration with retrospective effect if the initial show-cause notice failed to propose a retrospective cancellation or disclose the underlying material relied upon for such an action. Facts The petitioner is… Read More »

Category: GST

State GST officers cannot initiate parallel proceedings on subject matter already adjudicated by Central authorities.

By | May 21, 2026

State GST officers cannot initiate parallel proceedings on subject matter already adjudicated by Central authorities. Issue Whether State GST authorities can validly initiate assessment and rectification proceedings under Section 74 for a financial period when the same subject matter and turnover discrepancies have already been adjudicated and settled by Central GST authorities. Facts The petitioner… Read More »

Category: GST

NEW INCOME TAX CASE LAWS 20.05.2026

By | May 21, 2026

NEW INCOME TAX CASE LAWS 20.05.2026 Relevant Act Section Case Law Title Citation Brief Summary PBPT Act, 1988 Section 2(9) Smt. Santosh Miglani v. Initiating Officer Click Here Handing over demonetized cash for bank deposit and subsequent retransfer through banking channels constitutes a benami transaction; cash is considered ‘property’ under the Act. PBPT Act, 1988… Read More »

Constituent member executing infrastructure project via JV is developer entitled to Section 80IA deduction.

By | May 21, 2026

Constituent member executing infrastructure project via JV is developer entitled to Section 80IA deduction. Issue Whether a constituent company of a Joint Venture (JV) or Consortium is eligible for infrastructure deductions under Section 80IA when the primary government agreement is signed by the JV, and whether such comprehensive engineering and maintenance projects are disqualified under… Read More »

Reopening assessment based on unverified, third-party digital data without direct link to assessee is unsustainable.

By | May 21, 2026

Reopening assessment based on unverified, third-party digital data without direct link to assessee is unsustainable. Issue Whether the Revenue can validly initiate reassessment proceedings under Section 148 based on a draft complaint and a handwritten paper image recovered from an unrelated third party’s mobile phone, without establishing any direct link or connection between that material… Read More »