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No Service Tax on Tobacco Auction Fees Due to Statutory Nature of Levy: CESTAT Hyderabad

March 21, 2026 450 Views 0 comment Print

The issue was whether statutory auction fees are taxable as service consideration. The Tribunal held that such fees are compulsory levies under law and not taxable. It clarified that statutory functions performed by public authorities do not attract service tax.

Writ Petition Withdrawn Due to Availability of Alternate Remedy and Missing Order Copy

March 21, 2026 345 Views 0 comment Print

The issue was non-service of an income tax order and availability of remedy. The Court allowed withdrawal and granted liberty to appeal while directing supply of the order.

CIT(A) Cannot Enhance Income in Section 143(1) Appeal Beyond TDS Credit Issue: ITAT Mumbai

March 21, 2026 699 Views 0 comment Print

The Tribunal held that the appellate authority cannot go beyond the issue of TDS credit in a section 143(1) appeal. By directing taxation of entire salary, it effectively enhanced income without proper jurisdiction. The matter was remanded for fresh examination.

REC Income Not Eligible for 10% Tax Rate as It Does Not Meet Definition of Carbon Credits: ITAT Hyderabad

March 21, 2026 429 Views 0 comment Print

The tribunal held that Renewable Energy Certificates are distinct from carbon credits under Section 115BBG and must be taxed at normal rates. The ruling emphasizes strict interpretation of concessional tax provisions.

No Excise Exemption Allowed Due to Sale to Intermediary Instead of Direct Export: SC

March 21, 2026 294 Views 0 comment Print

The issue was whether indirect export through intermediaries qualifies for exemption. The Supreme Court upheld denial, ruling that direct export is required for excise benefit.

GST SCN Consolidation Upheld as Sections 73 & 74 Permits Multi-Year Proceedings

March 21, 2026 1650 Views 1 comment Print

The issue was whether GST show cause notices can cover multiple financial years in one proceeding. The Court held that Sections 73 and 74 permit consolidation using the phrase for any period, and declined interference.

ITAT Mumbai Remands ₹53 Lakh Addition Due to Non-Service of Section 143(2) Notice

March 21, 2026 303 Views 0 comment Print

The issue was whether reassessment was valid without proper service of mandatory notice under Section 143(2). The Tribunal remanded the case for fresh examination, holding that the jurisdictional issue requires reconsideration.

Service Tax Demand Set Aside Due to Applicability of RCM on Manpower Services

March 21, 2026 342 Views 0 comment Print

The issue was whether the service provider was liable to pay service tax on manpower services. The Tribunal held that liability rests with the recipient under reverse charge, making the demand unsustainable.

Surplus Income Does Not Deny Education Exemption if Institution Exists Solely for Educational Purpose

March 21, 2026 294 Views 0 comment Print

The tribunal held that government support includes capital grants, land, and infrastructure, not just recurring funding. This broader interpretation justified exemption eligibility.

Patna HC Dismissed Income Tax Appeals Due to Unexplained 8-Month Delay in Filing

March 21, 2026 12225 Views 0 comment Print

The issue was whether delay in filing appeals could be condoned. The Court held that lack of sufficient cause and negligence justified rejection of the delay application.

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