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Only Legitimate Tax Can Be Collected; ITAT Restores BBC Distribution Fee Royalty Taxability Issue

April 29, 2026 378 Views 0 comment Print

The Tribunal set aside the dismissal of a delayed appeal, holding that the issue of distribution fee taxability requires fresh examination on merits. The case was remanded to the Assessing Officer for reconsideration with proper hearing.

Refund of Earlier Advance Can’t Be Taxed as Accommodation Entry U/s 68: ITAT Delhi

April 29, 2026 423 Views 0 comment Print

The Tribunal held that return of advances cannot be taxed under Section 68. The key takeaway is that explained transactions supported by records cannot be treated as unexplained income.

Insurance, Hedging & Employee Training Services Qualify as Input Services for Cenvat Credit: CESTAT Delhi

April 29, 2026 285 Views 0 comment Print

The case addressed whether insurance services qualify as input services. The Tribunal held that insurance linked to business assets is eligible for Cenvat credit, emphasizing indirect nexus with manufacturing.

Penalty Upheld on CHA for Lending Licence Without Due Diligence Leading to Smuggling

April 29, 2026 408 Views 0 comment Print

The case examined whether a CHA can be penalized for allowing misuse of its licence. The Tribunal upheld the penalty, holding that lack of due diligence leading to smuggling attracts liability.

No GST Council Recommendation, No ‘Proper Officer’ Status; MP HC Quashes Order

April 29, 2026 1008 Views 0 comment Print

The issue was whether an Assistant Commissioner was competent to pass a GST demand order. The Court held the order invalid due to lack of proper authorization. The key takeaway is that jurisdictional compliance is mandatory for tax orders.

Commissioner Cannot Revoke G-Card Under CBLR; Penalty Reduced to ₹10,000: CESTAT Kolkata

April 29, 2026 279 Views 0 comment Print

The case examined whether authorities could revoke a G-card under existing regulations. The Tribunal held that no such power exists and ordered restoration of the G-card.

GST Assessment Order Set Aside Due to Lack of Opportunity to Reply to SCN: Karnataka HC

April 29, 2026 225 Views 0 comment Print

The issue was whether failure to reply justified confirmation of demand. The Court held that proper adjudication required a response and remitted the matter with conditions.

ITR Alone Can’t Prove Low Income to Escape Maintenance; Wife’s Earning Capacity No Bar: Gujarat HC

April 29, 2026 762 Views 0 comment Print

The court upheld ₹50,000 monthly maintenance after finding insufficient evidence of reduced income. It ruled that inability claims must be substantiated and cannot defeat maintenance obligations.

No Adhoc Disallowance of Commission on Assumptions Without Specific Defects: ITAT Delhi

April 29, 2026 435 Views 0 comment Print

The issue was whether commission payments were genuine business expenses. The Tribunal held that disallowance based on non-response and suspicion was not justified. The key takeaway is that conjectures cannot replace evidence in tax assessments.

Foreign Tax Credit Cannot Be Denied for Partial Overseas Return Filing: ITAT Mumbai

April 29, 2026 414 Views 0 comment Print

The Tribunal held that FTC claims cannot be rejected solely due to incomplete foreign tax return filing. The key takeaway is that authorities must verify available and subsequent evidence before denying relief.

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