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Car Dealer Incentives Are Trade Discounts, Not Taxable Commission, on Principal-to-Principal Sales: CESTAT Kolkata

April 29, 2026 594 Views 0 comment Print

The Tribunal held that the margin between purchase and sale of vehicles is trading profit, not commission. Service Tax demand on such margin was therefore unsustainable.

CVD Rate Irrelevant for Cenvat Credit; Eligibility Depends on Nature of Levy: CESTAT Chennai

April 29, 2026 315 Views 0 comment Print

The Tribunal held that credit depends on the nature of duty and not the rate at which it is paid. The key takeaway is that concessional CVD does not bar CENVAT credit.

Contractor Entitled to GST Reimbursement Under Contract Clause Despite Missing Schedule A: Tripura HC

April 29, 2026 597 Views 0 comment Print

The Court held that taxes paid under GST must be reimbursed under contractual terms. The key takeaway is that proof of payment ensures entitlement to reimbursement.

ITAT Rejects Appeal Where Declared Capital Gains Accepted Without Adjustment

April 29, 2026 489 Views 0 comment Print

The Tribunal held that since the Assessing Officer made no addition after verifying disclosures, the grievance lacked merit. Grounds were rightly treated as infructuous due to absence of tax impact.

Reopening Invalid as Notice Issued Beyond Six-Year Limitation Period: SC

April 29, 2026 999 Views 0 comment Print

The issue was whether reassessment notice issued after six years was valid. The Court upheld that such notices are time-barred and cannot be sustained under law.

Enteral Nutrition Product Not Beverage Due to Lack of Refreshment or Hydration Use: CAAR Mumbai

April 29, 2026 438 Views 0 comment Print

The case examined whether a tube-fed nutritional liquid qualifies as a beverage. Authorities held that its clinical use and lack of consumption as a drink exclude it from beverage classification.

Cloud Service Payments Not Taxable as Royalty Due to No Transfer of IP Rights: SC

April 29, 2026 843 Views 0 comment Print

The Supreme Court affirmed that payments for cloud computing services are not royalty where no intellectual property rights are transferred. It held that mere access to services does not amount to use of equipment or technology under tax law.

Date of DRP Upload, Not Visibility in AO Module, Determines Receipt: Telangana HC

April 29, 2026 258 Views 0 comment Print

The Court held that the issue of treating DRP upload as receipt was already settled by earlier rulings. It dismissed the Revenue’s appeals while making the decision subject to the Supreme Court’s final outcome.

TP Segment Split Rejected as Trading & After-Sales Services Are Inextricably Linked; TNMM at Entity Level Upheld: ITAT Delhi

April 29, 2026 330 Views 0 comment Print

The Tribunal held that trading and service activities were inextricably linked and could not be segmented. It accepted entity-level TNMM, rendering TP adjustments unsustainable.

TDS Credit Can’t Be Denied Merely Because It Appears in Sister Concern’s 26AS: ITAT Delhi

April 29, 2026 3129 Views 0 comment Print

The Tribunal held that TDS credit cannot be denied merely because it does not appear under the assessee’s PAN. It ruled that the assessee cannot be forced to ensure revision of TDS returns by the deductor.

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