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Refund Allowed as Excess Service Tax Treated as Deposit, Not Tax: CESTAT Delhi

April 14, 2026 333 Views 0 comment Print

The Tribunal held that excess service tax paid inadvertently does not qualify as tax under law. As a result, limitation under Section 11B was held inapplicable and refund was allowed with interest.

Abandoned Business Project Expenses Allowed as Deduction Due to Business Purpose

April 14, 2026 1101 Views 0 comment Print

Expenses incurred for a proposed business project later abandoned were allowed as revenue expenditure. The Tribunal held that such costs remain deductible if incurred for business purposes.

CPC Section 143(1) Adjustment Invalid if done without Prior Intimation: ITAT Delhi

April 14, 2026 450 Views 0 comment Print

The Tribunal ruled that failure to issue prior notice before making adjustments violates the mandatory provisions of Section 143(1)(a). Such procedural lapse renders the entire adjustment legally unsustainable.

Income Tax Section 143(1) Adjustments Without Opportunity of Hearing Unsustainable

April 14, 2026 537 Views 0 comment Print

The Tribunal held that adjustments made without issuing prior notice to the assessee violate the mandatory proviso to Section 143(1)(a). Such actions were declared legally unsustainable and liable to be deleted.

ITAT Delhi Allows TDS Credit as CPC Failed to Issue Mandatory Notice

April 14, 2026 318 Views 0 comment Print

The Tribunal held that CPC cannot make adjustments without issuing prior notice under Section 143(1)(a). The disallowance of TDS credit was set aside for lack of jurisdiction.

Karnataka HC Granted Relief Based on Precedent Without Fresh Adjudication

April 14, 2026 2502 Views 0 comment Print

The Court held that the matter was already settled by an earlier decision on identical facts. It extended the same relief, emphasizing consistency in judicial rulings.

Section 43B Not Applicable as Electricity Duty Is Not Assessee’s Liability: P&H HC

April 14, 2026 528 Views 0 comment Print

The Court held that electricity duty collected by a licensee is not its own liability but that of consumers. As a result, Section 43B was found inapplicable and the disallowance was rightly deleted.

Karnataka HC Set Aside ITC Denial Due to Failure to Examine Genuine Transactions

April 14, 2026 345 Views 0 comment Print

The Court held that input tax credit cannot be denied solely because the selling dealer failed to deposit tax without examining the genuineness of transactions. The matter was remanded for reconsideration of whether the assessee discharged its burden of proof.

Delhi HC Set Aside ITC Demand Due to Lack of Specific Findings on Supplier Tax Payment

April 14, 2026 381 Views 0 comment Print

The Court held that denial of input tax credit cannot be sustained without clear findings that suppliers failed to pay tax. The matter was remanded for fresh adjudication after proper examination.

ITC Denial Set Aside Due to Non-Speaking Order: Delhi HC Remands Case

April 14, 2026 354 Views 0 comment Print

The Court set aside the GST demand as the adjudicating authority failed to consider the taxpayer’s submissions. It held that lack of reasoning invalidates the order.

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