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Archive: 14 March 2026

Posts in 14 March 2026

Input Tax Credit Blockades Under Section 17(5)(a), (aa) & (ab) of CGST Act, 2017

March 14, 2026 1512 Views 0 comment Print

 The law blocks input tax credit for passenger vehicles with seating capacity up to 13 persons. Credit is allowed only when the vehicle is used for specified taxable supplies such as passenger transport or resale.

GST Not Applicable on University Statutory Fees: Bombay HC (Goa Bench)

March 14, 2026 627 Views 0 comment Print

The court held that fees such as affiliation, examination, and migration charges collected by a university are statutory in nature. Since they are not commercial activities, they do not qualify as “supply” under GST.

E-Way Bill Enforcement & Need for a Practical Mechanism to Protect Small Traders

March 14, 2026 756 Views 0 comment Print

Courts and CBIC clarifications state that minor clerical mistakes in e-way bills should not trigger detention under GST law. Such errors should attract only nominal penalties when there is no intent to evade tax.

Advisory on pre-deposit Payment while filing GST appeal before First Appellate authority

March 14, 2026 15282 Views 0 comment Print

GSTN clarified that payments made through Form GST DRC-03 are not automatically adjusted against a demand order. Taxpayers must file Form GST DRC-03A to link the payment before filing an appeal.

LTCG Cannot Be Taxed in Wife’s Hands When Property Settled by Husband – ITAT Deletes Rs. 19.86 Cr Addition

March 14, 2026 9066 Views 0 comment Print

The Tribunal held that capital gains from property transferred to a spouse without consideration must be taxed in the hands of the transferor under Section 64(1)(iv). Assessing it again in the transferee spouse’s hands was invalid.

Reopening Notice Invalid Without Proper Section u/s 151 – ITAT Quashes Reassessment

March 14, 2026 933 Views 0 comment Print

The Tribunal held that reopening beyond three years requires sanction from higher authorities under Section 151(ii). Since approval was obtained only from the PCIT, the reassessment notice was declared invalid.

Cash Received at Time of Property Registration Not Hit by Sec.269SS – Penalty u/s 271D Deleted

March 14, 2026 4320 Views 0 comment Print

The Tribunal held that Section 269SS does not apply when cash is received as part of final sale consideration at the time of property registration. Since no advance was involved, penalty under Section 271D was deleted.

Free Gift Scheme Valid Business Promotion – ITAT Deletes ₹1.47 Cr Disallowance

March 14, 2026 2013 Views 0 comment Print

The tribunal examined whether the tax authority correctly calculated allowable promotional expenses. It held that the disallowance based on an incorrect assumption about the number of gifts issued was unsustainable.

ITAT Pune: Reopening After 4 Years Invalid When Share Premium Details Already Disclosed – Rs. 30 Cr Addition u/s 68 Deleted

March 14, 2026 396 Views 0 comment Print

The Tribunal held that reopening an assessment after four years is invalid when the assessee has fully disclosed all material facts during the original scrutiny. The reassessment was quashed for lack of new material evidence.

Entire Bank Deposits Cannot Be Treated as Income – ITAT Directs 8% Profit Estimation

March 14, 2026 909 Views 0 comment Print

The issue was whether the entire bank deposits could be treated as unexplained income under Section 69. The tribunal held that deposits linked to business activity cannot be fully taxed and directed estimation of profit at 8%.

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