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CESTAT Allowed Home Consumption for Confiscated Goods Due to Beneficial Notification Amendment

April 13, 2026 336 Views 0 comment Print

The tribunal examined whether goods confiscated as prohibited could be cleared domestically after a policy change. It held that beneficial amendments apply retrospectively, allowing home consumption upon payment of duty.

CENVAT Credit Allowed as Supplier Paid Service Tax: Tribunal Sets Aside Denial Due to Missing Challans

April 13, 2026 306 Views 0 comment Print

The Tribunal held that CENVAT credit cannot be denied merely for non-submission of challans when supplier certification and evidence of tax payment exist. The ruling clarifies that substantive compliance prevails over procedural lapses.

No Interest on Reversed CENVAT Credit if Non-Utilised Before Reversal: CESTAT Hyderabad

April 13, 2026 267 Views 0 comment Print

The tribunal examined whether the quantity of misappropriated inputs could be revised in remand proceedings. It held that unchallenged earlier findings attain finality and cannot be altered. The key takeaway is that remand cannot reopen settled issues without appeal.

Service Tax Refund Denied as Total Turnover Exceeded ₹10 Lakh Threshold

April 13, 2026 384 Views 0 comment Print

The Tribunal held that total business turnover, including non-taxable income, must be considered for exemption eligibility. Since the threshold was exceeded, refund was rightly rejected.

TCS Not Applicable on Illegal Mining Fines Due to Absence of Transfer of Rights: SC

April 13, 2026 414 Views 0 comment Print

The issue was whether TCS applies to compounding fees collected from illegal mining activities. The court held that Section 206C(1C) applies only where rights are transferred through lease or licence. The key takeaway is that absence of contractual or legal rights excludes TCS liability.

No Service Tax on Government Grants Being Pure Reimbursement of Expenses

April 13, 2026 417 Views 0 comment Print

The Tribunal examined whether government grant-in-aid constituted taxable consideration. It held that reimbursement of capital expenditure without service linkage is not liable to service tax.

No Section 4A Duty on Tobacco Pouches Under 10g for Lack of MRP Requirement

April 13, 2026 378 Views 0 comment Print

The Tribunal held that tobacco pouches under 10 grams are exempt from MRP-based valuation under Rule 34. As a result, Section 4A excise duty was not applicable.

GST Refund Allowed on Scrap as It Qualifies as Manufactured Good Under Scheme

April 13, 2026 687 Views 0 comment Print

Authorities denied GST reimbursement on scrap treating it as non-specified goods. The court found this interpretation inconsistent with the scheme’s definition and exclusion list. The key takeaway is that benefits cannot be denied on grounds not supported by the notification.

Gujarat HC raps CBDT for delay in ITR forms & utility release from last 11 years

April 11, 2026 5979 Views 0 comment Print

The case focuses on systemic delays and technical shortcomings in the e-filing system. The Court directed the Department to file an affidavit addressing these concerns.

Cum-Tax Benefit Allowable Where Service Tax Not Separately Collected: CESTAT Chennai

April 10, 2026 561 Views 0 comment Print

The issue was whether gross receipts should be treated as inclusive of service tax. The Tribunal held that where tax is not separately collected, cum-tax benefit must be granted. The matter was remanded for fresh computation.

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