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Archive: April, 2026

Posts in April, 2026

Rental Income Not Business Income Due to Presence of Multiple Business Activities: ITAT Delhi

April 24, 2026 708 Views 0 comment Print

The tribunal held that rental income cannot be taxed as business income when the assessee has diverse business objects. It directed reassessment under the correct income head.

Department Cannot Enforce TNVAT Liability Arising from Its Own System Defect: Madras HC

April 24, 2026 168 Views 0 comment Print

The case examined whether purchase tax liability could be enforced when system defects prevented payment. The court held that software issues causing revenue-neutral outcomes made the demand unsustainable.

‘Authorized Operations’ Condition not applies for Pre-Oct 2023 SEZ Refund Claims: Bombay HC

April 24, 2026 240 Views 0 comment Print

The Court removed the requirement to verify “authorized operations” for earlier transactions, holding that the condition was introduced only from October 2023. The ruling clarifies temporal applicability of amended provisions.

No GST Transition Allowed for EC, SHEC and KKC Credits: Kerala HC

April 24, 2026 252 Views 0 comment Print

The court examined whether unutilized cess credits could be refunded after GST transition. It held that without explicit statutory backing, refund claims are not maintainable, leading to dismissal of the petition.

Freight & Insurance Included in Assessable Value Due to Door Delivery Terms in Excise Case

April 24, 2026 207 Views 0 comment Print

The issue was whether transportation and insurance charges should be excluded from assessable value. The Tribunal held they must be included since delivery occurred at the buyer’s premises, making them part of transaction value.

SEZ Units Eligible for Service Tax Refund on services like rent-a-cab, catering & business support  

April 24, 2026 156 Views 0 comment Print

The case addressed whether services like rent-a-cab, catering, and business support qualify as input services for SEZ refund claims. The Tribunal held they are eligible for refunds when used in authorised operations, reinforcing prior rulings.

APA with CBDT Binding; TPO Must Align ALP with APA Terms, Not Override: ITAT Kolkata

April 24, 2026 177 Views 0 comment Print

The case examined whether transfer pricing adjustments could stand when an APA covered the relevant year. The Tribunal remanded the matter for reconsideration in line with the APA framework.

Stamp Duty Value Cannot Be Adopted Without DVO Reference When Objected by Assessee

April 24, 2026 141 Views 0 comment Print

The Tribunal held that once the assessee disputes stamp duty valuation, referral to a Valuation Officer is necessary. The matter was remanded for fresh determination.

Buyback Not Taxable as Property Acquisition Due to Share Extinguishment: Delhi HC

April 24, 2026 243 Views 0 comment Print

The court examined whether buy-back of shares below fair market value attracts Section 56(2)(x). It held that buy-back leads to extinguishment of shares, not acquisition of property, making the provision inapplicable.

Advertisement & Promotion Expenses Allowed as Revenue Due to Non-Project Nature

April 24, 2026 156 Views 0 comment Print

The case examined whether promotional expenses should be capitalized under the project completion method. The Tribunal held that such expenses, not linked to inventory development, are allowable as revenue expenditure.

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