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Archive: January, 2026

Posts in January, 2026

Audit Penalty Set Aside Due to Bona Fide Cause for Delay

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The dispute concerned late filing of an audit report triggering penalty under section 271B. The Tribunal accepted personal hardship and first-year audit obligation as reasonable cause under section 273B. The decision reinforces relief where delay is genuine and explained.

PVC Resin Suspension Grade is classifiable under CTH 3904.21

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CESTAT Chennai held that Polyvinyl Chloride [PVC] Suspension Resin Grade are correctly classifiable under Customs Tariff Heading [CTH] 3904.21. Accordingly, the order is set aside and appeal is allowed.

Dividend Exemption Restored as Form Cannot Override Substance

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The Tribunal emphasized that exempt income disclosed in the return cannot be taxed due to a technical reporting mistake. Substance of disclosure prevails over form where facts are undisputed.

Chilly Seeds that are seeds of genus Capsicum are classified under CTH 1209

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Held that Chilly Seeds that are Seeds of the fruits of genus Capsicum are classified under CTH 1209 and are not covered under CTI 0904. Accordingly, order of Commissioner (A) set aside and appeal of assessee is allowed.

Section 68 Addition Set Aside for Non-Consideration of Evidence

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The case involved a cash seizure treated as unexplained solely because the tax officer assumed no response was filed. The Tribunal ruled that overlooking documentary replies violates natural justice and warrants remand.

Offence u/s. 489(C) of IPC confirmed as recovery of counterfeit notes proved beyond reasonable doubt

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Delhi High Court held that discrepancy in counting of notes and in some serial numbers cannot be reason for acquittal since prosecution has proved its case of recovery of counterfeit notes beyond reasonable doubt. Accordingly, offence u/s. 489(C) of IPC stands proved.

Service Tax Demand Fails Where No Event Management Activity Exists: SC

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The Supreme Court examined whether fees paid to foreign speakers through booking agents attract service tax as event management service. It held that speaker booking does not amount to planning, organizing, or managing an event and is therefore not taxable under that category.

Transfer of Leasehold Rights in respect of property at MIDC/GIDC etc. is not liable for GST

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Courts have ruled that transfer of leasehold rights is not a supply of services. The key takeaway is that such transactions fall outside GST.

What key arguments to include in reply to GST SCN under section 74 for denial

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Section 74 applies only where fraud or intent to evade tax is established. Vague notices based on mismatches lack jurisdiction and are unsustainable.

80G Approval Not Deniable for Incidental Religious Activities

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The Tribunal ruled that trusts engaged mainly in education, medical aid, and public welfare remain eligible for 80G. Minor worship-related elements do not alter charitable character.

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