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Judiciary

Customs Penalty Set Aside Due to Lack of Evidence Linking Broker to Fraudulent Exports

May 2, 2026 402 Views 0 comment Print

The tribunal held that penalties cannot be imposed without direct evidence connecting the appellant to alleged overvalued exports. Mere suspicion and assumptions were found insufficient.

Assessment Set Aside Due to Need for Fresh Examination of Books & Fair Hearing: ITAT Delhi

May 2, 2026 300 Views 0 comment Print

The Tribunal set aside the assessment after noting that books of accounts were not produced and required reconsideration. It directed a fresh decision with proper opportunity, emphasizing procedural fairness.

Bombay HC: Multiple GST Refund Claims Allowed; Technical Grounds No Bar

May 2, 2026 648 Views 0 comment Print

The case addressed whether a second GST refund application is maintainable when a prior claim covered the same period. The Court held that no statutory bar exists under Section 54(1), and rejection on technical grounds was invalid.

Rajasthan High Court Upholds Promissory Estoppel in Renewable Energy Dispute

May 1, 2026 372 Views 0 comment Print

The Court held that withdrawal of promised electricity duty exemption after investment violates promissory estoppel. Key takeaway: State cannot defeat vested rights created by clear policy assurances.

Rajasthan HC Condones GST Appeal Delay Citing Genuine Hardship

May 1, 2026 612 Views 0 comment Print

The High Court allowed delay in filing GST appeal due to repeated family bereavements beyond the taxpayer’s control. Key takeaway: genuine hardship can justify condonation and enable appeal on merits.

Bombay HC Quashes Section 270A Penalty Due to Absence of Under-Reported Income

May 1, 2026 816 Views 0 comment Print

Court held that penalty under Section 270A cannot apply where assessed income does not exceed processed income. Key takeaway: statutory conditions must be strictly met.

No Section 69A Cash Deposit Addition Without Proper Inquiry & Evidence: ITAT Mumbai

May 1, 2026 573 Views 0 comment Print

The Tribunal held that the assessee had adequately explained the source of cash deposits with supporting evidence. Addition under Section 69A was deleted as the AO failed to rebut the explanation.

Penny Stock Allegation Rejected Due to Lack of Evidence Against Share Transactions

May 1, 2026 2439 Views 0 comment Print

The tribunal ruled that reliance only on an investigation report without independent evidence cannot justify treating LTCG as bogus. Additions under Section 68 and commission were deleted.

ITAT Rejects TP Adjustment Due to Incorrect Benchmarking of Power Tariff

May 1, 2026 480 Views 0 comment Print

The Tribunal held that industrial tariff charged by electricity boards is the correct benchmark for CPP transactions. It rejected the use of generator procurement rates adopted by the TPO.

SC Upholds Odomos Classification as Mosquito Repellent based on Common Parlance Test

May 1, 2026 822 Views 0 comment Print

SC allowed classification of Odomos under HSN 38089191 to stand, holding that market identity and consumer understanding supported its treatment as a mosquito repellent.

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