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Judiciary

SC allows Depreciation on Leased Assets as Actual Physical Use Not Mandatory

May 16, 2026 435 Views 0 comment Print

The Supreme Court dismissed the Revenue’s challenge to depreciation claims on leased assets after the Bombay High Court held that leasing constituted business use under Section 32. The ruling reaffirmed that physical use by the assessee is not necessary where assets are used in the leasing business.

Service Tax Demand Based Solely on ST-3 & ITR Mismatch Unsustainable: CESTAT Allahabad

May 16, 2026 429 Views 0 comment Print

CESTAT Allahabad held that service tax demand raised merely on differences between ST-3 returns and Income Tax Returns without proper examination of records was unsustainable in law.

No AED on Pre-Budget Stock Cleared After Levy Date; Excise Duty Arises on Manufacture, Not Removal: CESTAT Ahmedabad

May 16, 2026 243 Views 0 comment Print

CESTAT Ahmedabad held that Additional Excise Duty introduced from 11.07.2014 could not be imposed on goods manufactured before the levy came into force, even if cleared later.

Election Affidavit Suppression Can Be Challenged Only Through Election Petition: Madras HC

May 16, 2026 801 Views 0 comment Print

The Madras High Court held that disputes regarding alleged false or incomplete election affidavit disclosures must be raised through an election petition. The Court ruled that such issues cannot be examined in a writ petition under Article 226.

Madras HC Remands Matter on Sequential Deduction Under Sections 80IB & 80HHC Following SC Ruling

May 16, 2026 282 Views 0 comment Print

The Madras High Court held that taxable income was not properly computed where deduction under Section 80IB was reduced before calculating Section 80HHC relief. The matter was remanded for fresh assessment in line with the Supreme Court ruling in Shital Fibers Ltd.

Kerala AAR Rejects GST Advance Ruling Plea Due to Hypothetical Queries

May 16, 2026 291 Views 0 comment Print

The Kerala AAR held that advance ruling applications cannot be based on hypothetical scenarios or academic questions. The Authority rejected the application because it did not relate to any actual or proposed supply undertaken by the applicant.

Kerala AAR Grants GST Exemption on Inpatient Ayurvedic Services

May 16, 2026 309 Views 0 comment Print

The Kerala AAR held that medicines, consumables, room rent, and ancillary services provided during inpatient treatment form part of a composite healthcare supply. Such inpatient healthcare services qualify for GST exemption under Notification No. 12/2017.

GST on Used Gunny Bags at 5% Because Reusable Bags Not Treated as Scrap: Kerala AAR

May 16, 2026 558 Views 0 comment Print

Kerala AAR held that used gunny bags sold after cattle feed manufacturing are reusable packing bags under HSN 6305 and not scrap. The ruling clarified that GST would apply at 5% if the sale value does not exceed Rs. 2500 per piece.

GST on Member-Facilitator Transactions: Kerala AAR Rejects Plea Due to Prior Adjudication

May 16, 2026 222 Views 0 comment Print

The Kerala AAR rejected an advance ruling application after noting that the issue of GST applicability on member transactions had already been adjudicated in earlier proceedings. The Authority held the application was barred under Section 98(2) of the CGST Act.

No GST Under RCM on Honorarium Paid to Temple Board Members as They Are Not Directors: Kerala AAR

May 16, 2026 240 Views 0 comment Print

The Authority ruled that the President and Members of the statutory temple board are not “directors” under GST notifications. Accordingly, reverse charge GST was held inapplicable on honorarium and sitting fees.

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