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Common Amenities Cannot Convert Independent Villas Into a Taxable Residential Complex

June 8, 2026 222 Views 0 comment Print

CESTAT Chennai held that villas constructed on separate plots under individual agreements and approvals do not constitute a residential complex. Common amenities and gated community features alone were held insufficient to attract service tax.

Govt Dept Liable for Interest on delayed Service Tax Deposit: CESTAT Allahabad

June 8, 2026 162 Views 0 comment Print

The Tribunal held that interest under Section 75 of the Finance Act is mandatory when service tax is paid after the due date. Administrative or procedural delays cannot override the statutory liability to pay interest.

Third-Party Records Alone Cannot Prove Clandestine Receipt of Goods: CESTAT Delhi

June 8, 2026 177 Views 0 comment Print

The Tribunal held that ledger entries and computer records recovered from a third party were insufficient to establish liability under Section 112(b). Independent corroborative evidence was necessary to sustain the penalty.

ITC not deniable for retrospective cancellation of seller’s GST Registration: Madras HC

June 8, 2026 1293 Views 0 comment Print

The Court held that a purchasing dealer can rely on a sellers valid registration at the time of purchase. ITC cannot be denied merely because the sellers registration was cancelled retrospectively.

Gujarat HC Deletes LTCG Addition as Penny Stock Allegation Was Unsupported by Evidence

June 8, 2026 231 Views 0 comment Print

The Court upheld deletion of the LTCG addition after finding that the Revenue relied on assumptions rather than evidence. Documentary records established the genuineness of the share transactions.

Delhi HC Upholds Reassessment Notice as Time Granted for Reply is Excluddible from Limitation

June 8, 2026 243 Views 0 comment Print

The Delhi High Court held that the period consumed in granting time to the assessee under Section 148A(b) must be excluded while computing limitation. As reassessment proceedings were initiated within time, the Section 148 notice was held valid.

Arrest Illegal if Police Failed to Record Accused-Specific Reasons: Bombay HC

June 8, 2026 222 Views 0 comment Print

The Court held that the arrest violated Section 35 of the BNSS because the reasons recorded were generic and not specific to the accused. The petitioner was ordered to be released on bail.

Rajasthan HC Quashes Section 148 Proceedings as Notice Was Issued Against a Deceased Person

June 8, 2026 303 Views 0 comment Print

The High Court held that reassessment notices issued after the death of the assessee were a nullity and could not be sustained. However, the Revenue was granted liberty to proceed against the legal representatives in accordance with law.

Bombay HC Quashes GST Notice as Multiple Financial Years Cannot Be Clubbed in One Section 74 Proceeding

June 8, 2026 489 Views 0 comment Print

The Bombay High Court held that the CGST Act does not permit consolidation of different financial years and tax periods in a single Section 74 show cause notice. The impugned notice was quashed with liberty to issue fresh notices in accordance with law.

Gujarat HC Dismisses Section 68 Addition as Loan Identity, Source & Repayment Established

June 8, 2026 219 Views 0 comment Print

The Court upheld deletion of a ₹1 crore addition under Section 68 after noting that the assessee had furnished lender details, source of funds, and repayment evidence. It held that the dispute was purely factual and raised no question of law.

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