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Archive: 13 April 2026

Posts in 13 April 2026

Calcutta HC Directs Release Process Due to Delay in GST Detention Without Seizure Order & Advocate Representation Allowed

April 13, 2026 177 Views 0 comment Print

The issue involved denial of representation through counsel during GST proceedings. The Court held that personal appearance cannot be insisted upon when law permits authorised representation.

Imported Natural Rubber Liable for Additional Duty Due to Binding Precedents: CESTAT Chennai

April 13, 2026 159 Views 0 comment Print

The tribunal examined whether imported rubber is liable to additional duty equivalent to cess. It upheld the levy by following earlier decisions and the appellant’s own case. The key takeaway is that consistent precedents were applied to sustain the demand.

Road Tax Demand Set Aside Due to Auction Terms Requiring Only Bid Amount and GST

April 13, 2026 189 Views 0 comment Print

The court examined whether road tax and penalties could be demanded for issuing an NOC. It held that such charges are not applicable when only an NOC is sought. The key takeaway is that NOC issuance cannot be linked to tax liabilities meant for registration.

Excess Stock cannot be treated as Treated as unexplained investment without Evidence of Unexplained Sources

April 13, 2026 297 Views 0 comment Print

The Tribunal held that the Assessing Officer went beyond revisionary directions by including additional issues. It ruled that such excess additions were invalid and liable to be deleted.

GST Confiscation Order Quashed Due to Absence of Mandatory Personal Hearing

April 13, 2026 201 Views 0 comment Print

The court examined whether confiscation under GST law can be ordered without hearing the affected party. It held that absence of personal hearing violates statutory requirements, making the order invalid.

Section 68 Not Applicable to Genuine Sales Transactions Supported by Documentation

April 13, 2026 354 Views 0 comment Print

The tribunal examined whether sales receipts can be treated as unexplained cash credits. It held that documented sales recorded in books cannot be taxed under Section 68.

Co-Ownership with PArents Not Enough for Unexplained Investment Addition: ITAT Mumbai

April 13, 2026 318 Views 0 comment Print

The Tribunal dismissed the challenge to reassessment proceedings as no arguments were presented by the assessee. The ruling highlights that absence of pleadings can lead to automatic rejection of grounds.

Section 80IA Deduction Allowed Due to Developer Role in Rail Signalling Projects: ITAT Nagpur

April 13, 2026 141 Views 0 comment Print

ACIT Vs Bharat Rail Automations Pvt. Ltd. (ITAT Nagpur) The appeal before the Income Tax Appellate Tribunal (ITAT), Nagpur, arose from an order passed by the Commissioner of Income Tax (Appeals) allowing deduction under Section 80IA(4) of the Income Tax Act, 1961 to the assessee for Assessment Year 2015–16. The assessee, engaged in design, development, […]

SC Dismissed Insolvency Plea as Prior Dispute Established Through Correspondence & Records

April 13, 2026 135 Views 0 comment Print

The Court held that ongoing disputes regarding defective goods and account reconciliation existed prior to the demand notice. It ruled that such disputes bar admission of insolvency proceedings under Section 9 of the IBC.

Service Tax Demand on Naval Vessels Repair Works Set Aside Due to Exemption

April 13, 2026 129 Views 0 comment Print

The tribunal examined whether repair and maintenance services provided to Naval Authorities are taxable. It held that such services are not liable to service tax as they are not linked to commercial activities.

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