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Archive: April, 2026

Posts in April, 2026

Reassessment Beyond 10-Year Limit Invalid: Gujarat HC Quashes Notice for AY 2012-13

April 10, 2026 186 Views 0 comment Print

The case involved reassessment triggered by a search conducted in 2022. The Court ruled that reopening beyond the 10-year statutory limit is not permissible.

SC Dismisses Appeal Due to Delay: IBC Resolution Plan Prevails Over Tax Filing Delay

April 10, 2026 162 Views 0 comment Print

The issue was condonation of delay in filing returns during CIRP. The SC dismissed the appeal as time-barred, leaving intact the ruling that delay must be condoned to give effect to the resolution plan.

Unrealized MTM Gains on Forward Contract Not Taxable before maturity: Kerala HC

April 10, 2026 225 Views 0 comment Print

The issue was whether mark-to-market gains on forward contracts are taxable before maturity. The Court held that such gains are not taxable as they are not real income until actually realized.

Concessional Duty Denied as Boronated Calcium Nitrate is Distinct from Calcium Nitrate: CESTAT Ahmedabad

April 10, 2026 1350 Views 0 comment Print

The case examined whether small compositional changes affect eligibility for exemption. The Tribunal ruled that even minor variations matter under tax law. The decision emphasizes strict compliance with notification conditions.

Non-Refund of Investor Money is Continuing Offence, Small Amount Not a Defence: Calcutta HC

April 10, 2026 186 Views 0 comment Print

The issue was whether failure to refund investor funds is time-barred. The Court held it is a continuing offence, rejecting the limitation defence. The key takeaway is that non-compliance persists until repayment is made.

Rule 6(3A) reversal doesn’t apply to credit exclusively used in manufacture of dutiable goods

April 10, 2026 216 Views 0 comment Print

CESTAT Chennai held that proportionate Cenvat Credit reversal under Rule 6(3A) of the CENVAT Credit Rules applies only in case of common input services. The same cannot be applied to credit exclusively used in manufacture of dutiable goods. Accordingly, demand held as unsustainable.

GST SCN Set Aside Due to Incorrect Audit Basis & Vagueness: P&H HC

April 10, 2026 459 Views 0 comment Print

The Court quashed the notice as it was based on a factually incorrect audit premise and lacked specific details. It held that vague notices violate natural justice and cannot sustain tax demands.

No Section 68 Addition When Demonetization Cash Deposits Explained by Books: Allahabad HC

April 10, 2026 342 Views 0 comment Print

The judgment reiterates that additions under Section 68 cannot be based on presumptions or suspicion without supporting evidence. It held that the Assessing Officer must bring material on record before rejecting explanations.

Cash Not Stock-in-Trade Cannot Be Seized Under GST Law: Gujarat HC

April 10, 2026 222 Views 0 comment Print

The Court held that cash cannot be seized under GST provisions as it is excluded from the definition of “goods” and was not shown to be relevant to any proceedings. It directed immediate return of the seized amount, emphasizing limits on seizure powers.

Poultry Feed Premix falls Under Heading 2309 Due to Specific Animal Feed Use: CAAR Mumbai

April 10, 2026 264 Views 0 comment Print

The ruling addressed whether poultry feed premixes fall under vitamins or animal feed classification. It held that products designed for specific use in animal feeding, containing carriers and additives, are classifiable under Heading 2309, not 2936.

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