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Judiciary

Reassessment Notice Time-Barred as Issued Beyond Limitation Period: Karnataka HC

May 1, 2026 732 Views 0 comment Print

The Court held that reassessment proceedings must be initiated within the statutory time limit. It found the notice issued after the deadline to be invalid.

GST Refund Rejection Set Aside for Violating Rule 92(3) Procedure: Bombay HC

May 1, 2026 798 Views 0 comment Print

The Court found that the authority failed to follow mandatory procedure under Rule 92(3) before rejecting the refund. It held that absence of hearing and improper notice rendered the order invalid.

Use of visual identifiers establishes brandname for GST purpose: Madras HC

April 30, 2026 519 Views 0 comment Print

Madras High Court held that use of visual identifiers on packaging like fonts, symbols, colours, etc. establishes brandname for GST purpose. However, since there was no suppression of fact invocation of extended period denied.

Channel owners cannot be taken as comparables for distributors for transfer pricing purpose

April 30, 2026 402 Views 0 comment Print

ITAT Delhi held that companies owning and operating channels cannot be compared with distribution company for the purpose of transfer pricing. Accordingly, directs TPO to exclude such comparables for benchmarking distribution segment and determination of ALP.

Employees Not Liable for GST Penalty in Absence of Taxable Person Status: Bombay HC

April 30, 2026 5757 Views 0 comment Print

The Court examined whether employees could be penalised under Section 122(1A) for company-level GST violations. It held that only “taxable persons” fall within the scope of the provision, excluding employees without independent registration. 

ITAT Deletes PF/ESI Disallowance as Section 143(1) Adjustment Held Beyond Scope

April 30, 2026 702 Views 0 comment Print

The Tribunal examined disallowance made for delayed employee contributions under Section 143(1). It held that debatable issues cannot be adjusted at the processing stage, resulting in relief to the assessee. The ruling clarifies procedural boundaries.

ITAT Quashes Section 271(1)(c Penalty as Unsigned SCN Held Void in Law

April 30, 2026 732 Views 0 comment Print

The issue involved validity of penalty proceedings initiated through an unsigned notice. The Tribunal ruled that such a notice is invalid and cannot confer jurisdiction. The decision highlights the mandatory requirement of proper authentication.

Section 11 Exemption Allowed as Property in Trustees’ Names Held Not Beneficial to Them

April 30, 2026 441 Views 0 comment Print

The case examined whether property registered in trustees’ names violated Section 13(1)(c). The Tribunal held no violation as no benefit accrued to trustees, allowing exemption under Section 11.

TDS Default Not Applicable as Section 197 Certificate Covers Entire Assessment Year

April 30, 2026 534 Views 0 comment Print

The case examined whether a lower TDS certificate applies prospectively or for the full year. The Court held it applies to the entire assessment year, negating default and interest liability.

CENVAT Demand Set Aside Because Statements Recorded Under Section 14 Were Used Without Mandatory Section 9D Compliance: CESTAT Delhi

April 29, 2026 357 Views 0 comment Print

CESTAT Delhi held that statements recorded during investigation cannot be relied upon as evidence unless the mandatory procedure under Section 9D—examination before adjudicating authority and admissibility determination—is followed.

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