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Archive: 09 April 2026

Posts in 09 April 2026

APMC Gets Full Exemption – ITAT Condones Delay & Quashes Assessments Despite PAN Error

April 9, 2026 252 Views 0 comment Print

The tribunal addressed whether delay in filing appeals due to procedural difficulties justified condonation. It held that genuine hardship caused by PAN mismatch and filing issues constituted sufficient cause, allowing the appeal.

Penalty U/s 270A Held Premature – ITAT Bangalore Restores Matter Pending Quantum Outcome

April 9, 2026 636 Views 0 comment Print

The Tribunal restored the penalty matter as the quantum addition was sent back to the AO. It held that penalty must follow the outcome of reassessment proceedings.

IT services mis-declared as Management Consulting Service for SEIS benefit: Duty recovery upheld

April 9, 2026 459 Views 0 comment Print

CESTAT Delhi held that duty recovery under section 28AAA of the Customs Act justifiable since IT services fraudulently mis-declared as ‘Management Consulting Services’ to obtain benefits under Service Exports from India Scheme (SEIS). Accordingly, company appeal is dismissed.

115BBE Amendment Not Retrospective – ITAT Chennai Restricts Tax to 30% for Pre-01.04.2017 Transactions

April 9, 2026 486 Views 0 comment Print

The Tribunal held that the higher 60% tax rate under Section 115BBE cannot apply to transactions prior to 01.04.2017. It directed application of 30%, reinforcing that amendments apply prospectively.

Choosing AE as tested party justifiable since AE possess least complex functional analysis

April 9, 2026 363 Views 0 comment Print

ITAT Mumbai held that with respect to benchmarking of export transaction, foreign Associated Enterprise [AE] can be chosen as tested party since AE possess the least complex functional analysis. Accordingly, transfer pricing adjustment not justifiable.

TCS Rate Chart for Tax Year 2026-27 under Income-tax Act, 2025

April 9, 2026 23838 Views 0 comment Print

The law consolidates earlier TCS provisions under a new section without changing rates. The key takeaway is the need to update compliance references from April 2026.

Oxygen Supply with Tanks: GST Classification Depends on What Customer Actually Pays For

April 9, 2026 420 Views 0 comment Print

The authority held that oxygen supply through installed infrastructure is a composite supply of goods. The key takeaway is that principal supply determines GST classification.

Board Meetings with Majority Non-Resident Directors & Attendance Rules

April 9, 2026 996 Views 0 comment Print

The law permits non-resident directors to attend Board Meetings through video conferencing. Such participation is valid for quorum if procedural requirements are followed.

Delhi HC to Examine Constitutional Validity of HSNS Cess

April 9, 2026 540 Views 0 comment Print

The petition challenges the validity of a cess law on grounds of lack of legislative competence and arbitrariness. The Court has not ruled yet and has granted time for further submissions, keeping the issue open.

HSN Mirroring in GST: A Double-Edged Sword for Goods, A Minefield for Services

April 9, 2026 546 Views 0 comment Print

While HSN mirroring works for goods, it creates classification errors in services. The key takeaway is that service classification depends on nature and context of supply.

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