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Archive: 16 May 2026

Posts in 16 May 2026

ITAT Deletes Software Cost Mark-Up Addition Holding Pure Reimbursement Is Not Profit-Making Service

May 16, 2026 15 Views 0 comment Print

The ITAT Delhi ruled that reimbursement of software costs to foreign AEs on a cost-to-cost basis could not be treated as a profit-generating intra-group service. The Tribunal deleted the transfer pricing adjustment after finding the benchmarking method adopted by the TPO unjustified.

Separate Penalty on Partner Not Sustainable Once Partnership Firm Penalized: CESTAT Ahmedabad

May 16, 2026 18 Views 0 comment Print

CESTAT Ahmedabad held that once a partnership firm is penalized under customs law, a separate penalty on its partner for the same contravention cannot be imposed in absence of specific statutory provision.

Madras HC Allows Fresh Reply in NDH-4 Rejection Cases Due to Opportunity of Hearing

May 16, 2026 27 Views 0 comment Print

The Madras High Court permitted Nidhi companies to submit fresh replies against NDH-4 rejection orders and directed authorities to reconsider the applications after granting a hearing. The Court kept the challenge to the validity of the amended provisions open.

Rajasthan HC Denies Bail as Alleged GST Evasion Involved Organized Fake Invoice Syndicate

May 16, 2026 21 Views 0 comment Print

The Rajasthan High Court refused bail in a case involving alleged large-scale GST evasion through fake firms, bogus invoices, and fraudulent e-way bills. The Court held that serious economic offences involving deep-rooted conspiracies require a stricter approach in bail matters.

Rajasthan HC Quashes GST Demand as SCN Reopened Issues Already Decided by Advance Ruling

May 16, 2026 27 Views 0 comment Print

The Rajasthan High Court held that GST authorities cannot reopen issues already adjudicated by the Authority for Advance Ruling without fresh material or change in facts. The Court quashed show cause notices alleging misclassification of tobacco products under Section 74 of the CGST Act.

Agricultural Land Also Covered by Section 56(2)(x) – ITAT Upholds Addition Based on DVO Valuation

May 16, 2026 24 Views 0 comment Print

The Tribunal upheld tax addition where agricultural land was acquired below stamp duty valuation and DVO-determined fair market value. It ruled that agricultural status of land does not exclude applicability of section 56(2)(x).

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