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Custom Penalty Set Aside Due to Lack of Evidence of Knowledge of Prohibited Goods Origin

April 14, 2026 102 Views 0 comment Print

The authority held that penalty under Section 114AA cannot be imposed without proof of knowledge or intent. It ruled that absence of evidence linking the courier to Pakistan-origin goods warranted deletion of penalty.

Cenvat Credit Allowed on Business Services but Denied for Construction After Amendment

April 14, 2026 114 Views 0 comment Print

The Tribunal held that input service credit is fully admissible before 01.04.2011 but restricted thereafter for construction-related services. It clarified eligibility based on amended exclusion provisions.

Procedural Lapse in Inter-EOU Transfer Not Sufficient for Duty Demand: CESTAT Hyderabad

April 14, 2026 96 Views 0 comment Print

The case examined whether procedural violations in transfers between EOUs justify duty demands. The Tribunal held that such lapses alone are insufficient and remanded the matter for fresh verification.

Export Duty Refund alowable Despite Time Bar as Fresh Claim Permitted Under CGST: Bombay HC

April 14, 2026 156 Views 0 comment Print

The court addressed whether exporters can recover duty paid despite time-barred rebate claims. It held that a fresh application under Section 142(3) can be filed to seek re-credit or refund of excess duty.

Government Cannot Claim Special Treatment for Condonation of Income Tax Appeal Delay

April 14, 2026 153 Views 0 comment Print

The Court dismissed the appeal as the delay was not properly explained. It reaffirmed that strict compliance with limitation rules applies equally to government bodies.

Refund Allowed as Excess Service Tax Treated as Deposit, Not Tax: CESTAT Delhi

April 14, 2026 129 Views 0 comment Print

The Tribunal held that excess service tax paid inadvertently does not qualify as tax under law. As a result, limitation under Section 11B was held inapplicable and refund was allowed with interest.

Abandoned Business Project Expenses Allowed as Deduction Due to Business Purpose

April 14, 2026 159 Views 0 comment Print

Expenses incurred for a proposed business project later abandoned were allowed as revenue expenditure. The Tribunal held that such costs remain deductible if incurred for business purposes.

CPC Section 143(1) Adjustment Invalid if done without Prior Intimation: ITAT Delhi

April 14, 2026 285 Views 0 comment Print

The Tribunal ruled that failure to issue prior notice before making adjustments violates the mandatory provisions of Section 143(1)(a). Such procedural lapse renders the entire adjustment legally unsustainable.

Income Tax Section 143(1) Adjustments Without Opportunity of Hearing Unsustainable

April 14, 2026 300 Views 0 comment Print

The Tribunal held that adjustments made without issuing prior notice to the assessee violate the mandatory proviso to Section 143(1)(a). Such actions were declared legally unsustainable and liable to be deleted.

ITAT Delhi Allows TDS Credit as CPC Failed to Issue Mandatory Notice

April 14, 2026 186 Views 0 comment Print

The Tribunal held that CPC cannot make adjustments without issuing prior notice under Section 143(1)(a). The disallowance of TDS credit was set aside for lack of jurisdiction.

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