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Archive: 12 May 2026

Posts in 12 May 2026

ITAT Slams ₹120 Crore Section 68 Addition on Fintech Giant: AO Cannot Ignore Evidence & Make Mechanical Additions

May 12, 2026 207 Views 0 comment Print

ITAT Bangalore held that NIL taxable income disclosed by an Alternative Investment Fund does not automatically negate its creditworthiness. The Tribunal recognized the statutory pass-through taxation mechanism applicable to AIF structures.

Type Test Charges Not Taxable as Excise Value as Testing Was Optional: CESTAT Mumbai

May 12, 2026 204 Views 0 comment Print

CESTAT Mumbai held that optional “type test charges” collected separately from customers cannot be included in the assessable value of transformers. The Tribunal ruled that post-manufacturing testing conducted at the buyer’s request does not attract Central Excise duty.

Waste Mud Not Excisable if Emerged Involuntarily During Bleaching Process

May 12, 2026 234 Views 0 comment Print

CESTAT Hyderabad held that waste mud generated during bleaching of crude palm oil cannot be treated as an excisable manufactured product. The Tribunal ruled that involuntary waste arising during refining does not attract Central Excise duty.

Monodisperse Aerosol Generator Classifiable Under CTH 9027 as It Performed Analytical Function

May 12, 2026 246 Views 0 comment Print

CESTAT Bangalore held that the imported aerosol generator formed part of a system used for physical and chemical analysis and was correctly classifiable under CTH 9027. The Tribunal ruled that the product did not independently control or regulate parameters required for classification under CTH 9032.

Recipient Unit Authorities Cannot Question ISD Credit Distribution Accepted by Jurisdictional ISD Authorities

May 12, 2026 303 Views 0 comment Print

The Himachal Pradesh High Court set aside a GST order involving alleged wrongful ITC availment of over ₹17.67 crore because the adjudicating authority failed to consider an audit report relied upon by the petitioner.

Meesho GST TCS Dispute and Social Commerce Grey Area

May 12, 2026 633 Views 0 comment Print

The dispute examines whether social commerce platforms must collect TCS under GST even when customer payments are handled directly by resellers. The case could redefine compliance obligations for decentralized e-commerce businesses.

No Incriminating Material, No 153A Addition: ITAT Bangalore Deletes Massive Additions in JDA Search Case

May 12, 2026 402 Views 0 comment Print

ITAT Bangalore held that Section 45(5A) applies prospectively and cannot govern JDAs executed before 01.04.2018. Capital gains from older development agreements must be taxed under the law applicable in the year of transfer.

From Discontinuation to Re-instatement: SEBI Revamps India’s Buy-Back of Securities Regulations

May 12, 2026 630 Views 0 comment Print

SEBI has proposed wide-ranging amendments to the Buy-Back Regulations, including revival of open market buy-backs and removal of mandatory Merchant Bankers. The reforms aim to simplify compliance while strengthening investor protection measures.

When Lease Becomes Liability: Lessons from Inox Air Products’ GST Battle

May 12, 2026 531 Views 0 comment Print

The authority ruled that the Air Separation Unit constituted an immovable manufacturing facility due to its permanence, scale, and structural integration. As a result, ITC was blocked under Section 17(5)(d) of the CGST Act.

Cenvat Credit Cannot Be Denied Merely Because Installed Power Plant Became Immovable: CESTAT Chandigarh

May 12, 2026 291 Views 0 comment Print

Tribunal held that capital goods do not lose eligibility for Cenvat credit after becoming part of an immovable plant fixed to earth. It ruled that admissibility depends on compliance with Cenvat Credit Rules, not on immovability of final structure.

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