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Service Tax Demand Set Aside as Overseas Branch Cannot Provide Service to Itself

March 23, 2026 300 Views 0 comment Print

The issue involved taxing services allegedly received from a foreign branch office. The Tribunal held that an entity cannot provide services to itself, making the demand unsustainable.

Service Tax Demand Set Aside as Residential Construction Activity before 01.07.2010 Was Not Taxable

March 23, 2026 264 Views 0 comment Print

The dispute concerned agreements with buyers and instalment payments during construction. The Tribunal ruled that such transactions were self-service and not taxable before the 2010 amendment.

Bombay HC Quashed Assessment Order as No SCN Issued Under Section 69

March 23, 2026 468 Views 0 comment Print

The issue involved taxing property value as unexplained investment without prior notice. The Court held that absence of a show cause notice under Section 69 violated principles of natural justice, leading to quashing of the order.

Land Acquisition Challenge Rejected as Objections Were Filed Within Statutory Time Limit

March 23, 2026 393 Views 0 comment Print

The issue involved whether objections to land acquisition were time-barred. The Court held that the limitation period begins from newspaper publication, making the objections valid and rejecting the challenge.

ITAT Kolkata Reduces Profit Estimation to 4% Due to Lack of Comparable Basis

March 23, 2026 873 Views 0 comment Print

The issue involved arbitrary estimation of income at 20% and 5% of turnover. The Tribunal reduced it to 4% due to lack of supporting comparables and considering business realities. The key takeaway is that estimation must be reasonable and justified.

CENVAT Credit Allowed Across Units Because Rules Do Not Restrict Common Input Services

March 23, 2026 408 Views 0 comment Print

The issue concerned denial of CENVAT credit on services used across multiple units under centralized registration. The Tribunal held that Rule 7 permits distribution of credit subject only to limited conditions and does not restrict usage across units.

Reopening Invalid Because No Failure to Disclose Material Facts: SC Upholds HC Ruling

March 23, 2026 543 Views 0 comment Print

The issue was whether reassessment beyond four years was valid without failure to disclose material facts. The courts held that all relevant details were already disclosed during original assessment, making reopening without jurisdiction. 

Insurance Society Is ‘State’ as Government Control Is Deep & Pervasive: SC

March 23, 2026 486 Views 0 comment Print

SC held that the Air Force insurance society qualifies as “State” under Article 12 because its administration, control, and functioning are closely linked with government authorities.

Trademark Transfer Not Taxable Before 2002 Due to Self-Generated Asset Rule: Gujarat HC

March 23, 2026 363 Views 0 comment Print

High Court held that consideration received for assignment of self-generated trademarks prior to 2002 amendment could not be taxed as capital gains because no cost of acquisition could be determined.

Coconut Held is Fruit Under EPF Act Due to Beneficial Interpretation of Welfare Law: Delhi HC

March 21, 2026 633 Views 0 comment Print

The issue was whether coconut falls under the fruit category for EPF applicability. The Court held it does, emphasizing liberal interpretation to extend employee benefits.

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