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Madras HC Set Aside GST Assessment Order for Lack of Personal Hearing Despite Portal Notice

February 17, 2026 645 Views 0 comment Print

The Madras High Court set aside a GST assessment order as no personal hearing was granted, even though notices were uploaded on the portal. The Court held that mere portal service without effective opportunity violates principles of fairness.

Vivad Se Vishwas Benefit Cannot Be Denied When Penalty Appeal Is Pending: Bombay HC

February 17, 2026 501 Views 0 comment Print

The Bombay High Court held that a pending penalty appeal qualifies as a “dispute” under the Vivad Se Vishwas Scheme. Rejection solely for absence of assessment appeal was set aside

Provision Based on Actual Bills Cannot Be Disallowed Without Verification: ITAT Mumbai

February 17, 2026 282 Views 0 comment Print

The Tribunal held that disallowance based solely on tax audit reporting required factual verification. The issue was remanded for examining whether the power liability provision was wrongly treated as contingent.

Customs Broker Not Liable for Exporter’s Non-Existence When IEC & GSTIN Are Genuine CESTAT Delhi

February 17, 2026 609 Views 0 comment Print

The Tribunal held that mere non-participation in inquiry and reliance on government-issued IEC and GSTIN cannot establish breach of CBLR obligations. Licence revocation and penalty were quashed for lack of evidence.

₹6 crore Section 68 Addition Deleted as Lenders Confirm Loans in Remand Proceedings

February 17, 2026 453 Views 0 comment Print

ITAT Mumbai upheld deletion of ₹6 crore addition after lenders responded to notices under Section 133(6) and confirmed transactions. Verified evidence and absence of deficiencies proved loan genuineness.

ITAT Mumbai Deletes LTCG Addition as No Evidence Linked Assessee to Penny Stock Rigging

February 17, 2026 1266 Views 0 comment Print

The Tribunal held that long-term capital gains could not be treated as bogus where documentary evidence supported the transactions and no material connected the assessee to price manipulation. The Revenue’s appeal was dismissed.

Section 12A Registration Cannot Be Cancelled on Suspicion Over Donor’s Source of Funds: ITAT Chandigarh

February 16, 2026 5058 Views 0 comment Print

Registration was cancelled over doubts about a large NRI donation. The Tribunal held that receipt of donation alone does not constitute a specified violation without evidence of misuse or non-genuine activities.

Commission from Foreign Universities Not ‘Intermediary Service’: CESTAT Sets Aside Service Tax Demand

February 15, 2026 729 Views 0 comment Print

The Tribunal held that commission earned for promoting foreign universities qualifies as export of services and does not fall within Rule 2(f) definition of intermediary service. Demand, interest, and penalties were set aside.

Calcutta HC Upholds Gold & Cash Seizure Under Customs Act; Orders Adjudication Within 3 Months

February 15, 2026 549 Views 0 comment Print

The Court held that allegations of forged extension and duress require factual examination by the Adjudicating Authority, maintaining status quo on seized gold and cash.

Karnataka HC Set Aside Ex-Parte Income Tax Assessment as Notices Sent to Former Employee’s Email

February 15, 2026 804 Views 0 comment Print

The High Court granted a second opportunity after finding that assessment orders were passed without reply, as notices were sent to an old employee’s email ID.

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