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Archive: April, 2026

Posts in April, 2026

Section 269ST Penalty Deleted as Seized Excel Sheets Did Not Prove Single Cash Transaction Above ₹2 Lakh

April 29, 2026 1173 Views 0 comment Print

The Tribunal held that consolidated Excel entries showing aggregate cash sales were insufficient to establish receipt of ₹2 lakh or more in a single transaction, and penalty under Section 271DA could not be sustained.

Bogus Purchase Addition Deleted Because Material Movement, Site Records & Banking Proof Established Genuineness: ITAT

April 29, 2026 1116 Views 0 comment Print

The Tribunal deleted purchase disallowances after noting invoices, transport records, weighbridge slips, tax returns and bank payments supported actual procurement and use of materials in infrastructure projects.

Share Transfer in Family Arrangement Not Taxable: ITAT Deletes ₹489 Crore Addition

April 29, 2026 1530 Views 0 comment Print

The issue was whether a share transfer without consideration constituted taxable capital gains. The Tribunal held that genuine family realignment is not taxable.

Service Tax Can’t Be Levied Solely on Form 26AS Entries Without Proving Taxable Service: Gauhati HC

April 29, 2026 2451 Views 0 comment Print

High Court held that receipts reflected in Form 26AS cannot automatically be treated as taxable services. Tax liability must first be established under the charging provisions of law after examining the nature of the receipts.

Car Dealer Incentives Are Trade Discounts, Not Taxable Commission, on Principal-to-Principal Sales: CESTAT Kolkata

April 29, 2026 675 Views 0 comment Print

The Tribunal held that the margin between purchase and sale of vehicles is trading profit, not commission. Service Tax demand on such margin was therefore unsustainable.

CVD Rate Irrelevant for Cenvat Credit; Eligibility Depends on Nature of Levy: CESTAT Chennai

April 29, 2026 363 Views 0 comment Print

The Tribunal held that credit depends on the nature of duty and not the rate at which it is paid. The key takeaway is that concessional CVD does not bar CENVAT credit.

Contractor Entitled to GST Reimbursement Under Contract Clause Despite Missing Schedule A: Tripura HC

April 29, 2026 672 Views 0 comment Print

The Court held that taxes paid under GST must be reimbursed under contractual terms. The key takeaway is that proof of payment ensures entitlement to reimbursement.

ITAT Rejects Appeal Where Declared Capital Gains Accepted Without Adjustment

April 29, 2026 501 Views 0 comment Print

The Tribunal held that since the Assessing Officer made no addition after verifying disclosures, the grievance lacked merit. Grounds were rightly treated as infructuous due to absence of tax impact.

AMC for Tier II Accounts Aligned with Tier I but Waived for Low Corpus up to ₹21,000

April 29, 2026 372 Views 0 comment Print

Accounts with no contributions for four consecutive quarters will be classified as dormant and charged reduced AMC. This lower fee continues until the account becomes active again.

As a Foreign Company, Do I Need to File Annual CIT in China?

April 29, 2026 498 Views 0 comment Print

The issue is whether foreign businesses without offices in China must comply with tax laws. The key takeaway is that activities and income sources can trigger CIT obligations even without physical presence.

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