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Archive: March, 2026

Posts in March, 2026

CIT(A) Cannot Enhance Income in Section 143(1) Appeal Beyond TDS Credit Issue: ITAT Mumbai

March 21, 2026 657 Views 0 comment Print

The Tribunal held that the appellate authority cannot go beyond the issue of TDS credit in a section 143(1) appeal. By directing taxation of entire salary, it effectively enhanced income without proper jurisdiction. The matter was remanded for fresh examination.

REC Income Not Eligible for 10% Tax Rate as It Does Not Meet Definition of Carbon Credits: ITAT Hyderabad

March 21, 2026 351 Views 0 comment Print

The tribunal held that Renewable Energy Certificates are distinct from carbon credits under Section 115BBG and must be taxed at normal rates. The ruling emphasizes strict interpretation of concessional tax provisions.

No Excise Exemption Allowed Due to Sale to Intermediary Instead of Direct Export: SC

March 21, 2026 240 Views 0 comment Print

The issue was whether indirect export through intermediaries qualifies for exemption. The Supreme Court upheld denial, ruling that direct export is required for excise benefit.

GST SCN Consolidation Upheld as Sections 73 & 74 Permits Multi-Year Proceedings

March 21, 2026 1422 Views 1 comment Print

The issue was whether GST show cause notices can cover multiple financial years in one proceeding. The Court held that Sections 73 and 74 permit consolidation using the phrase for any period, and declined interference.

ITAT Mumbai Remands ₹53 Lakh Addition Due to Non-Service of Section 143(2) Notice

March 21, 2026 276 Views 0 comment Print

The issue was whether reassessment was valid without proper service of mandatory notice under Section 143(2). The Tribunal remanded the case for fresh examination, holding that the jurisdictional issue requires reconsideration.

Service Tax Demand Set Aside Due to Applicability of RCM on Manpower Services

March 21, 2026 282 Views 0 comment Print

The issue was whether the service provider was liable to pay service tax on manpower services. The Tribunal held that liability rests with the recipient under reverse charge, making the demand unsustainable.

Surplus Income Does Not Deny Education Exemption if Institution Exists Solely for Educational Purpose

March 21, 2026 240 Views 0 comment Print

The tribunal held that government support includes capital grants, land, and infrastructure, not just recurring funding. This broader interpretation justified exemption eligibility.

Patna HC Dismissed Income Tax Appeals Due to Unexplained 8-Month Delay in Filing

March 21, 2026 12210 Views 0 comment Print

The issue was whether delay in filing appeals could be condoned. The Court held that lack of sufficient cause and negligence justified rejection of the delay application.

Surcharge at 37% Cannot Be Applied on Income Below ₹50 Lakh of private discretionary trusts

March 21, 2026 441 Views 0 comment Print

The tribunal examined whether surcharge applies to private discretionary trusts taxed at maximum marginal rate. It held that surcharge is not applicable where income is below ₹50 lakh, as per Finance Act thresholds.

Service Tax Demand Set Aside Due to Exemption for Road Construction Services to Government Authorities

March 21, 2026 204 Views 0 comment Print

The issue was whether services related to road construction for government bodies are taxable. The Tribunal held that such services are exempt, making the demand unsustainable.

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