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Archive: April, 2026

Posts in April, 2026

SC Dismisses Appeal Due to Delay; Income Tax Refund Cannot Be Set Off Against Service Tax Dues

April 10, 2026 558 Views 0 comment Print

The issue was whether income tax refunds can be appropriated for service tax dues. The High Court ruled that such adjustment violates statutory provisions and directed relief to the taxpayer. The SC dismissed the revenue’s appeal, affirming the outcome.

Late Fee Set Aside as No Default Found in Filing Supplementary Bills of Entry: CESTAT Kolkata

April 10, 2026 135 Views 0 comment Print

The case examined whether delay in filing supplementary Bills of Entry warrants penalty. The Tribunal ruled that delay caused by post-clearance discovery of excess goods is justified. The decision emphasizes discretionary waiver under Section 46(3).

Delhi HC Quashes 9-Year-Delayed Tax Notice Due to Lack of Proper Service

April 10, 2026 204 Views 0 comment Print

The dispute concerned enforcement of long-pending tax demands without timely action. The Court held that prolonged inaction by authorities and absence of proof of service violated fairness. It quashed the notice while allowing fresh remedies.

SC Upholds Non-Taxability of Online Platform Income Due to Failure of ‘Make Available’ Test

April 10, 2026 342 Views 0 comment Print

The case examined whether online learning services constitute technical services. The SC upheld findings that the platform only facilitated access to content. The ruling confirms that facilitation alone does not trigger FTS taxation.

Online Platform Income Not Taxable as FTS Due to Failure of ‘Make Available’ Test: Delhi HC

April 10, 2026 207 Views 0 comment Print

The case examined whether online learning services involve technical services. The Court ruled that the platform only facilitated access to content and did not provide technical services. The decision clarifies tax treatment of digital platforms.

SC Dismisses Tax Department Appeal Due to Delay, Upholds Quashing of Reassessment Notice

April 10, 2026 270 Views 0 comment Print

The issue involved challenge to reassessment quashed by High Court. SC dismissed the appeal due to delay, leaving the quashing intact.

Reassessment Notice Quashed Due to Incorrect Assumption of Share Transfer: Delhi HC

April 10, 2026 168 Views 0 comment Print

The issue involved reopening based on alleged share transfer through a loan structure. The Court held reassessment invalid as the foundational fact was incorrect.

₹9.32 Cr Cash Deposit Addition remanded Due to Lack of Verification by Tax Authorities

April 10, 2026 177 Views 0 comment Print

The Tribunal held that addition of entire cash deposits without proper verification was not justified. The matter was remanded for fresh examination with an opportunity to substantiate business transactions.

BSNL VRS Compensation Fully Exempt Due to Retrenchment Character of Scheme: ITAT Pune

April 10, 2026 399 Views 0 comment Print

The issue was whether compensation under BSNL VRS is taxable or fully exempt. The Tribunal held that the scheme effectively amounts to retrenchment, making the compensation exempt under Section 10(10B).

Gauhati HC Allowed GST Registration Restoration After Compliance with Returns & Tax Dues

April 10, 2026 420 Views 0 comment Print

The issue was cancellation of GST registration for non-filing of returns. The Court held that proceedings may be dropped if pending returns are filed and dues are cleared, allowing restoration of registration.

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