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Archive: March, 2026

Posts in March, 2026

Processing That Creates No New Commodity Not Taxable under BAS: CESTAT Hyderabad

March 25, 2026 228 Views 0 comment Print

The Tribunal examined whether processing of tobacco leaves amounts to taxable service under BAS. It held that no new distinct product emerges from threshing and drying. The key takeaway is that activities not altering essential characteristics remain outside BAS.

ITAT Mumbai Accepted Ignorance & Accountant’s Default as Sufficient Cause for Delay in Appeal Filing

March 25, 2026 471 Views 0 comment Print

The Tribunal examined whether delay in filing appeal was justified under section 249(3). It held that sufficient cause must be interpreted liberally to ensure justice. The key takeaway is that technical delays should not deny statutory appeal rights.

CESTAT Set Aside Penalty on Co-Noticees Due to Settlement by Main Noticee Under SVLDRS

March 25, 2026 2796 Views 0 comment Print

The Tribunal examined whether penalties can continue after the main dispute is settled. It held that co-noticees have no independent liability once the primary demand is resolved. The ruling clarifies the consequential nature of such penalties.

CESTAT Ordered Service Tax Recalculation Due to Inclusion of Land Value in Membership Fees

March 25, 2026 201 Views 0 comment Print

The Tribunal examined whether land value can be included in taxable service value. It held that such value must be excluded and directed recomputation. The key takeaway is that sale of land cannot be taxed as service.

CBDT Extended TDS Certificate Deadline as E-Filing Portal Glitches Caused Delays

March 25, 2026 804 Views 0 comment Print

The issue involved delay in issuing TDS certificates due to technical issues. The Board extended the deadline to provide relief. The takeaway is that system glitches can justify compliance extensions.

Interest Demand Set Aside Due to Applicability of Section 73 Limitation Period: CESTAT Mumbai

March 25, 2026 264 Views 0 comment Print

The Tribunal examined whether interest recovery under Section 75 is subject to limitation. It held that limitation applicable to principal tax demand also applies to interest. The key takeaway is that interest cannot be recovered beyond prescribed time limits.

SC Upheld Clean Slate Principle Due to Binding Effect of Approved Resolution Plan

March 25, 2026 261 Views 0 comment Print

The Court examined whether claims not filed during CIRP can be pursued later. It held that such claims stand extinguished upon approval of the resolution plan. The key takeaway is that only claims included in the plan survive.

Disciplinary Proceedings Upheld as Rule 14(24) Deadline Not Mandatory: Delhi HC

March 25, 2026 243 Views 0 comment Print

The Court examined whether delay in completing disciplinary inquiry invalidates proceedings. It held that Rule 14(24) timelines are directory and do not automatically nullify proceedings without proof of prejudice.

Cenvat Credit Demand Quashed Due to Lack of Evidence of Non-Receipt of Goods

March 25, 2026 210 Views 0 comment Print

The Tribunal examined whether inputs were received in the factory before availing credit. It found no conclusive evidence supporting the department’s allegation. The key takeaway is that demands cannot be sustained on presumptions.

Service Tax Demand Remanded Due to Need to Verify Payments After Completion Certificate

March 25, 2026 243 Views 0 comment Print

The Tribunal examined whether payments for flats were received post-completion. It directed verification of ledger records to determine tax liability. The key takeaway is that timing of receipts is crucial in construction service taxation.

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