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Archive: 20 March 2026

Posts in 20 March 2026

Water Supply to Ships Treated as Taxable Service Due to Composite Billing Elements

March 20, 2026 318 Views 0 comment Print

The issue was whether supply of water to vessels is a sale or a service. The Tribunal held that such supply forms part of port services and is taxable prior to 01.07.2010. It upheld the tax demand based on statutory provisions and CBEC clarification.

Flat Received on Tenancy Surrender Not Taxable U/s. 56(2)(x) & Section 54F Exemption allowed

March 20, 2026 1317 Views 0 comment Print

The Tribunal held that tenancy supported by rent receipts, bills, and agreements cannot be treated as a sham. It upheld exemption under Section 54F on surrender of tenancy rights.

12AB Registration Cannot Be Denied Solely for Non-Commencement of Activities ITAT Chennai

March 20, 2026 489 Views 0 comment Print

The Tribunal held that absence of charitable activities at the time of application does not make a trust non-genuine. The key takeaway is that proposed activities and charitable objects must be considered for registration.

ITAT Allows Interest Deduction as Overseas Acquisition Held for Business Expansion

March 20, 2026 648 Views 0 comment Print

The Tribunal held that interest on borrowed funds used to acquire a foreign company in the same line of business is allowable under Section 36(1)(iii). It found that the acquisition was driven by commercial expediency and business expansion. 

CESTAT Orders Reconsideration of Excise Duty on Barbed Wire Due to Incomplete Findings

March 20, 2026 333 Views 0 comment Print

The Tribunal held that whether conversion of GI wire into barbed wire and mesh amounts to manufacture requires fresh evaluation. It set aside earlier orders due to incomplete analysis. The case was remanded for re-examination of all issues.

CESTAT Allows Post-Manufacturing Deductions, Quashes Excise Demand on Dabur India

March 20, 2026 306 Views 0 comment Print

The issue was whether post-manufacturing expense deductions on a weighted average basis are admissible. The Tribunal held that earlier rulings in the same case had settled the issue, leading to cancellation of demand and penalties.

Jewellery Release Ordered as Delay Violated CBDT Timelines & Increased Burden Unjustified

March 20, 2026 594 Views 0 comment Print

The Court held that administrative delay in releasing seized jewellery violated CBDT-prescribed timelines. It ruled that increased bank guarantee due to rising gold prices cannot be imposed on the taxpayer.

Service Tax Not Payable Due to Cost-Sharing Without Service Element in Advertisement Expenses: CESTAT Chennai

March 20, 2026 327 Views 0 comment Print

Issue was whether reimbursement of advertisement expenses constitutes taxable service under BAS. Tribunal held that cost-sharing without a service provider–recipient relationship is not taxable and set aside demand.

Sales Promotion by Foreign Branch Falls Under BAS but Not Taxable Under RCM: CESTAT Bangalore

March 20, 2026 264 Views 0 comment Print

Tribunal held that builders were not liable to service tax before 01.07.2010 based on statutory provisions and Board circulars. It set aside demand for disputed period accordingly.

Intimation Requirement Under Rule 6(3A) Is Procedural, Not Mandatory: CESTAT Ahmedabad

March 20, 2026 192 Views 0 comment Print

The Tribunal held that failure to intimate the Superintendent under Rule 6(3A) does not invalidate proportionate credit reversal. It clarified that such intimation is procedural and not a substantive condition.

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