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Archive: 29 January 2026

Posts in 29 January 2026

CESTAT Quashed GTA Service Tax Demand Due to Absence of Consignment Note Evidence

January 29, 2026 444 Views 0 comment Print

The Tribunal held that transport services cannot be taxed as GTA without proof of consignment notes. It ruled that, in the absence of statutory documents, the freight-related Service Tax demand was unsustainable.

Gujarat HC Quashed Assessment for Failure to Issue Section 144C Draft Order

January 29, 2026 105 Views 0 comment Print

The High Court set aside reassessment orders holding that non-issuance of a mandatory draft assessment order under Section 144C invalidated the proceedings. It ruled that Section 263 remand does not override statutory safeguards.

GST Appeal Dismissal Quashed for Ignoring Extended Limitation Notification

January 29, 2026 69 Views 0 comment Print

The High Court set aside dismissal of a GST appeal after finding that an extended limitation notification was overlooked. The key takeaway is that appeals filed within the notified window cannot be rejected as time-barred.

Free-of-Cost Testing Assets Not Taxable Under Section 28(iv): ITAT Bangalore

January 29, 2026 51 Views 0 comment Print

The ITAT held that equipment received free of cost for testing purposes does not constitute a taxable business benefit. It ruled that once the receipt itself is not taxable, no notional mark-up can be added.

Late Form 10B Filing Insufficient to Deny Section 11 Exemption: ITAT Ahmedabad

January 29, 2026 252 Views 0 comment Print

The case examined denial of section 11 exemption at the processing stage due to late filing of Form 10B. The Tribunal ruled that such delay is a curable procedural defect and cannot justify denial of exemption.

New Tax Regime Benefit Allowed Despite One-Day Delay in Form 10IE Filing: ITAT Surat

January 29, 2026 216 Views 0 comment Print

The Tribunal held that a one-day delay in filing Form 10IE for an earlier year cannot defeat the assessee’s right to be taxed under the new regime. The assessee was directed to be taxed under Section 115BAC for AY 2023–24.

Ex Parte GST Adjudication Invalid for Failure to Grant Hearing: Allahabad HC

January 29, 2026 63 Views 0 comment Print

The High Court quashed a GST adjudication order after finding that no personal hearing was granted before passing an adverse decision, in violation of mandatory procedural safeguards.

DRI power to issue SCN u/S.4 was upheld in recovery of drawback amount

January 29, 2026 57 Views 0 comment Print

DRI had jurisdiction and was empowered under Section 4 of the Customs Act, 1962 to issue show cause notices (SCN) proceedings for recovery of drawback amounts peculiarly cases involving fraudulent or erroneous grant of drawback.

Bail Denied Due to Alleged Large-Scale Fake ITC Through Bogus Firms

January 29, 2026 66 Views 0 comment Print

The High Court refused bail in a GST case involving allegations of operating multiple non-existent firms to pass on fake ITC worth over ₹315 crore, holding that economic offences warrant a strict approach.

ITAT Mumbai Allows Professional Fees & Foreign Branch Expenses u/s 37(1) for Strategic Investments

January 29, 2026 36 Views 0 comment Print

Professional fees and foreign branch expenses incurred by a strategic investment company were allowable under Section 37(1) in the absence of any finding that the expenditure was excessive, unreasonable

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