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Judiciary

Bombay HC Stays Section 270A Penalty as Prima Facie Deduction Was Claimed Under Prevailing Law

February 25, 2026 420 Views 0 comment Print

The Court granted ad-interim relief, holding prima facie that no under-reporting arose where deduction was claimed based on a binding High Court judgment later overruled. Coercive recovery was stayed.

Bogus Purchase Addition Quashed as GST Records Proved Genuineness: ITAT Lucknow

February 25, 2026 639 Views 0 comment Print

The Tribunal held that purchases cannot be treated as bogus merely because the supplier did not file an income tax return. Verified GST filings and inventory records established transaction genuineness.

Mere Mining Suitability Not Enough: CAAR Denies OTR Classification for WD989 Tyres

February 25, 2026 1815 Views 0 comment Print

Applying GIR 1 and Rule 3(a), the Authority ruled that technical design and manufacturer categorisation govern classification. The tyres were found to possess TBR characteristics, not OTR features.

Unsecured Loan Addition U/s 68 Deleted; Banking Repayment & Identity Proved, No Need to Prove Source of Source – ITAT Ahmedabad

February 25, 2026 501 Views 0 comment Print

The Tribunal deleted the ₹60 lakh addition under Section 68 after noting that the loan was received and repaid through banking channels and the lenders identity was established.

ITAT Ahmedabad Denies Section 270AA Immunity Due to Failure to File Form 68

February 25, 2026 612 Views 0 comment Print

The Tribunal held that immunity from penalty requires strict compliance with statutory conditions, and absence of proof of Form 68 filing disentitles relief.

18% GST applicable on Dry Citrate Powder as It Is Chemical, Not Dialysis Apparatus: AAR Gujarat

February 25, 2026 351 Views 0 comment Print

The AAR held that Dry Citrate Powder used in haemodialysis is not an instrument or apparatus under Chapter 90. It was classified under HSN 29181590 as an organic chemical, attracting 18% GST.

IIM Liable to GST TDS Due to Substantial Government Control: AAR Gujrat

February 25, 2026 414 Views 0 comment Print

The Gujarat AAR held that an IIM established by Parliament is a specified person under Section 51 due to substantial Central Government control. TDS must be deducted when contract value exceeds ₹2.5 lakh.

Builder Liable for ₹98.72 Lakh Profiteering Because GST ITC Benefit Not Passed to Buyers

February 25, 2026 348 Views 0 comment Print

The Tribunal held that additional ITC benefits under GST were not passed on to homebuyers across three projects. The builder must refund ₹98.72 lakh with interest under Section 171 of the CGST Act.

GSTAT Orders Recalculation of Profiteering for Excluding Goods Component from ₹89 Crore Pre-GST Value

February 25, 2026 228 Views 0 comment Print

GSTAT directed the DGAP to recompute the profiteered amount after noting that only the services component of the ₹89 crore pre-GST value was considered. A revised report under Rule 133(2A) must be filed within one month.

Reinvestigation Directed Since Actual Service ITC of ₹5.22 Crore Allegedly Ignored

February 25, 2026 261 Views 0 comment Print

The Tribunal directed DGAP to re-examine calculation issues after the Respondent challenged the method of computing profiteering. Questions on service ITC deduction and price comparison require fresh scrutiny.

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