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Judiciary

CENVAT Credit Allowed as Duties Paid Through DEPB Scrips Were Valid: CESTAT Hyderabad

March 27, 2026 201 Views 0 comment Print

The issue involved whether credit could be availed when duties were paid via DEPB instead of cash. The Tribunal held that such payment qualifies for CENVAT credit. The takeaway is that mode of payment does not restrict credit eligibility.

Smuggled Gold Confiscation Upheld for Fabricated Explanation by Appellants

March 27, 2026 261 Views 0 comment Print

The issue involved penalty on individuals claiming ignorance of smuggled gold. The Tribunal rejected the defence due to lack of evidence and inconsistencies. The takeaway is that unsupported claims cannot negate liability.

Service Tax Demand Set Aside as BCCI Subsidies Treated as Grants, Not Consideration

March 27, 2026 2694 Views 0 comment Print

The issue involved taxability of subsidies received from BCCI. The Tribunal held that such payments are grants-in-aid and not consideration for services. The takeaway is that grants for promotion of sports are not taxable.

₹25 Cr Cap Rejected as Non-Obstante Clause Does Not Override Interest Clause

March 27, 2026 222 Views 0 comment Print

The issue involved whether a guarantee cap covered both principal and interest. The Tribunal held that default interest is a separate liability. The takeaway is that interest obligations can extend beyond capped principal liability.

No Duty Demand Where Tax Already Paid Despite Alleged Non-Supply of Goods

March 27, 2026 213 Views 0 comment Print

The case examined conflicting allegations of non-movement and diversion of goods. The Tribunal held that such inconsistency, along with prior duty payment, made the demand unsustainable.

U/s 80P claim closed, but cost of funds gets second chance: ITAT remands Sec 57 issue

March 27, 2026 153 Views 0 comment Print

The Tribunal held that deduction under Section 80P on bank interest cannot be re-examined once earlier order attained finality. The issue was restricted to allowing related expenses under Section 57.

Section 263 Invalid as Presumptive Section 44AD Taxation Requires No Books

March 27, 2026 639 Views 0 comment Print

The issue involved revision of assessment where income was declared under Section 44AD. The Tribunal held that absence of books makes Section 68 inapplicable. The takeaway is that revision cannot be based on lack of records not required by law.

₹112 Cr Case – Section 10 Exemption Can’t Be Re-examined Without Hearing: ITAT Delhi

March 27, 2026 237 Views 0 comment Print

The issue involved addition made without providing a hearing. The Tribunal held that once such action is invalid, further directions cannot be issued. The takeaway is that procedural violation nullifies subsequent directions.

Despatch Money Cannot Be Taxed as Port Service Due to Lack of Independent Activity

March 27, 2026 204 Views 0 comment Print

The case examined whether despatch money received for faster cargo unloading qualifies as taxable port service. The Tribunal held it is a contractual incentive linked to freight terms, not consideration for a service, and hence not taxable.

Deployment of staff falls under manpower supply, not cargo handling: CESTAT Allahabad

March 27, 2026 177 Views 0 comment Print

The issue involved classification of services related to rake movement. The Tribunal held that deployment of staff falls under manpower supply, not cargo handling. The takeaway is that correct classification determines tax liability.

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