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Archive: April, 2026

Posts in April, 2026

Excise Appeal Dismissed as Time-Barred Due to Delay Beyond Statutory Section 35 Limit

April 14, 2026 168 Views 0 comment Print

The judgment clarifies that subsequent departmental communications do not extend limitation periods. The appeal must be filed against the original order within statutory timelines.

GST Appeal Rejection Invalid as Bombay HC Allows Pre-Deposit Later to Ensure Merits Hearing

April 14, 2026 348 Views 0 comment Print

The issue was rejection of a GST appeal for non-payment of pre-deposit. The Court held that the appellant must be given an opportunity to deposit and have the appeal decided on merits.

Typographical GSTIN Error Penalty Not Examined in Writ; Appeal Remedy Advised

April 14, 2026 180 Views 0 comment Print

The issue involved penalty imposed for alleged GSTIN discrepancy in transit goods. The Court held that payment concludes proceedings but allowed appeal without further pre-deposit.

Unexplained Credits Taxed u/s 68: No Business Income or 80-IB Deduction Without Proof

April 14, 2026 915 Views 0 comment Print

The Court held that failure to prove identity and source of creditors attracts Section 68. Such unexplained credits cannot be treated as business income or eligible for deduction under Sections 80-IA/80-IB.

Penalty Set Aside: Broker Not Liable Without Possession of Goods under Excise Rule 26(2)

April 14, 2026 99 Views 0 comment Print

The Tribunal held that penalty cannot be imposed where the appellant merely acted as a broker without handling goods. Absence of possession or direct involvement made Rule 26 inapplicable.

Bank Account Attachment Quashed as Six-Month Section 110(5) Limit Expired Without Extension

April 14, 2026 210 Views 0 comment Print

The Court held that provisional attachment under Section 110(5) lapses after six months if not extended. It ruled that failure to pass a timely extension order renders the attachment invalid.

SCN Invalid as Issued Under Wrong Provision for GTO Services, Demand Set Aside

April 14, 2026 210 Views 0 comment Print

The issue involved service tax demand on GTO services using Section 73. The Tribunal held that recipients governed by Section 71A cannot be proceeded against under Section 73. The demand was quashed due to procedural invalidity of the notice.

ESOP Discount Allowed as Revenue Expense: ITAT rejects Notional Loss Claim

April 14, 2026 213 Views 0 comment Print

The Tribunal upheld deduction of ESOP expenses, relying on earlier decisions in the same case. It ruled that no change in facts justified a different view.

Addition on FD Interest Remanded as Authorities Failed to Examine Mutuality Principle

April 14, 2026 240 Views 0 comment Print

The Tribunal found that the assessee was not given adequate opportunity to present its case. It set aside the order and directed fresh assessment after proper hearing.

ITAT Remands Case as 12A and 80G Registration Denied Without Fair Opportunity

April 14, 2026 252 Views 0 comment Print

The Tribunal held that applications were rejected without adequate opportunity. The matter was remanded for fresh adjudication following natural justice.

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