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Archive: 29 April 2026

Posts in 29 April 2026

No Penalty Where Return Filed After Probate Grant and Income Fully Disclosed in Form 26AS

April 29, 2026 330 Views 0 comment Print

The Tribunal held that delay in filing the return due to pending probate proceedings was beyond the control of executors. It ruled that such delay constituted a bona fide explanation, leading to deletion of penalty under Section 270A.

Licence Revocation Set Aside Due to Lack of Evidence Linking Customs Broker to Fradulent Exports

April 29, 2026 273 Views 0 comment Print

The Tribunal held that no documentary evidence connected the Customs Broker to the alleged fraudulent exports. Revocation and penalty were quashed for want of proof.

No TDS on Foreign Agent Commission for Services Rendered Abroad; ITAT Deletes Section 40(a)(i) Disallowance

April 29, 2026 360 Views 0 comment Print

The Tribunal held that commission paid to foreign agents for services rendered outside India is not taxable in India. Consequently, no TDS obligation arises, and disallowance under section 40(a)(i) was deleted.

No Section 43B Disallowance as Service Tax Not Claimed in P&L: ITAT Dehradun

April 29, 2026 396 Views 0 comment Print

The tribunal recalled its earlier order after finding it addressed an incorrect issue. It ultimately upheld that no disallowance applies when no expense is claimed.

Insurance, Hedging & Employee Training Services Qualify as Input Services for Cenvat Credit: CESTAT Delhi

April 29, 2026 249 Views 0 comment Print

The case addressed whether insurance services qualify as input services. The Tribunal held that insurance linked to business assets is eligible for Cenvat credit, emphasizing indirect nexus with manufacturing.

Penalty Upheld on CHA for Lending Licence Without Due Diligence Leading to Smuggling

April 29, 2026 351 Views 0 comment Print

The case examined whether a CHA can be penalized for allowing misuse of its licence. The Tribunal upheld the penalty, holding that lack of due diligence leading to smuggling attracts liability.

No GST Council Recommendation, No ‘Proper Officer’ Status; MP HC Quashes Order

April 29, 2026 915 Views 0 comment Print

The issue was whether an Assistant Commissioner was competent to pass a GST demand order. The Court held the order invalid due to lack of proper authorization. The key takeaway is that jurisdictional compliance is mandatory for tax orders.

Commissioner Cannot Revoke G-Card Under CBLR; Penalty Reduced to ₹10,000: CESTAT Kolkata

April 29, 2026 243 Views 0 comment Print

The case examined whether authorities could revoke a G-card under existing regulations. The Tribunal held that no such power exists and ordered restoration of the G-card.

GST Assessment Order Set Aside Due to Lack of Opportunity to Reply to SCN: Karnataka HC

April 29, 2026 207 Views 0 comment Print

The issue was whether failure to reply justified confirmation of demand. The Court held that proper adjudication required a response and remitted the matter with conditions.

ITR Alone Can’t Prove Low Income to Escape Maintenance; Wife’s Earning Capacity No Bar: Gujarat HC

April 29, 2026 693 Views 0 comment Print

The court upheld ₹50,000 monthly maintenance after finding insufficient evidence of reduced income. It ruled that inability claims must be substantiated and cannot defeat maintenance obligations.

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