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Judiciary

Refund of Earlier Advance Can’t Be Taxed as Accommodation Entry U/s 68: ITAT Delhi

April 29, 2026 405 Views 0 comment Print

The Tribunal held that return of advances cannot be taxed under Section 68. The key takeaway is that explained transactions supported by records cannot be treated as unexplained income.

No Penalty Where Return Filed After Probate Grant and Income Fully Disclosed in Form 26AS

April 29, 2026 333 Views 0 comment Print

The Tribunal held that delay in filing the return due to pending probate proceedings was beyond the control of executors. It ruled that such delay constituted a bona fide explanation, leading to deletion of penalty under Section 270A.

Licence Revocation Set Aside Due to Lack of Evidence Linking Customs Broker to Fradulent Exports

April 29, 2026 276 Views 0 comment Print

The Tribunal held that no documentary evidence connected the Customs Broker to the alleged fraudulent exports. Revocation and penalty were quashed for want of proof.

No TDS on Foreign Agent Commission for Services Rendered Abroad; ITAT Deletes Section 40(a)(i) Disallowance

April 29, 2026 363 Views 0 comment Print

The Tribunal held that commission paid to foreign agents for services rendered outside India is not taxable in India. Consequently, no TDS obligation arises, and disallowance under section 40(a)(i) was deleted.

No Section 43B Disallowance as Service Tax Not Claimed in P&L: ITAT Dehradun

April 29, 2026 414 Views 0 comment Print

The tribunal recalled its earlier order after finding it addressed an incorrect issue. It ultimately upheld that no disallowance applies when no expense is claimed.

Insurance, Hedging & Employee Training Services Qualify as Input Services for Cenvat Credit: CESTAT Delhi

April 29, 2026 252 Views 0 comment Print

The case addressed whether insurance services qualify as input services. The Tribunal held that insurance linked to business assets is eligible for Cenvat credit, emphasizing indirect nexus with manufacturing.

Penalty Upheld on CHA for Lending Licence Without Due Diligence Leading to Smuggling

April 29, 2026 369 Views 0 comment Print

The case examined whether a CHA can be penalized for allowing misuse of its licence. The Tribunal upheld the penalty, holding that lack of due diligence leading to smuggling attracts liability.

No GST Council Recommendation, No ‘Proper Officer’ Status; MP HC Quashes Order

April 29, 2026 933 Views 0 comment Print

The issue was whether an Assistant Commissioner was competent to pass a GST demand order. The Court held the order invalid due to lack of proper authorization. The key takeaway is that jurisdictional compliance is mandatory for tax orders.

Commissioner Cannot Revoke G-Card Under CBLR; Penalty Reduced to ₹10,000: CESTAT Kolkata

April 29, 2026 252 Views 0 comment Print

The case examined whether authorities could revoke a G-card under existing regulations. The Tribunal held that no such power exists and ordered restoration of the G-card.

GST Assessment Order Set Aside Due to Lack of Opportunity to Reply to SCN: Karnataka HC

April 29, 2026 210 Views 0 comment Print

The issue was whether failure to reply justified confirmation of demand. The Court held that proper adjudication required a response and remitted the matter with conditions.

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