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Judiciary

Declared Value of Used Machinery Can’t Be Enhanced Solely on Local Chartered Engineer Certificate: CESTAT Chennai

April 29, 2026 2058 Views 0 comment Print

The issue involved enhancement of value of imported second-hand machinery. The Tribunal held that rejection of the load port certificate was unjustified, restoring the declared transaction value.

Commission Agent Not Eligible for TDS Credit on Farmers’ Income: ITAT Ahmedabad

April 29, 2026 261 Views 0 comment Print

The tribunal held that TDS credit cannot be claimed by an agent when the underlying income belongs to farmers. It ruled that credit must align with the person offering the income to tax.

Writ Not Maintainable After GSTAT Becomes Functional Due to Availability of Appellate Remedy: Orissa HC

April 29, 2026 399 Views 0 comment Print

The Court held that once GSTAT is operational and timelines are extended, disputes must be pursued through the appellate mechanism. Writ petitions cannot continue when an effective statutory remedy exists.

Excess GST Payment Must Be Adjusted Before Interest Recalculation: Madras HC

April 29, 2026 435 Views 0 comment Print

The Court held that penalty under Section 73 cannot be imposed without justification even where tax liability is admitted. It allowed reconsideration of the issue while confirming liability to pay interest on delayed payment. The ruling emphasizes that penalty is not automatic.

Karnataka HC Set Aside Ex-Parte ITC Rejection Due to COVID-Related Non-Response

April 29, 2026 321 Views 0 comment Print

Dispute on ITC mismatch between returns was remitted after ex-parte order, allowing reconciliation upon 10% pre-deposit. Key takeaway: reconciliation issues must be examined with proper hearing.

GST 70:30 Solar Tax Split Cannot Be Applied Retrospectively: AP HC

April 29, 2026 525 Views 0 comment Print

The court held that a GST circular cannot enforce retrospective application of the 70:30 tax split on solar EPC contracts. It clarified that such application is optional for taxpayers and not mandatory for authorities.

Cheque Bounce Case: Bail Condition Modified as 80% Compensation Deposit Was Excessive

April 29, 2026 393 Views 0 comment Print

The issue involved stringent deposit conditions imposed while granting bail in cheque dishonour cases. The High Court held such conditions excessive and reduced the requirement to 20% of the cheque amount.

SC Dismisses Revenue Appeal as Assessment Based on Guesswork Without Proof

April 29, 2026 603 Views 0 comment Print

The issue was whether addition based on estimated yield was valid. The SC upheld that without material evidence, such additions are unsustainable and cannot be based on suspicion.

No Addition if Assessment Based on Mere Guesswork & Suspicion: Chhattisgarh HC

April 29, 2026 4074 Views 0 comment Print

The issue was whether addition based on assumed production yield is valid. The Court held that without supporting evidence, such additions are unsustainable and cannot justify rejection of books.

GST on Coaching Classes Upheld as Taxable Due to Non-Recognition as Educational Institution

April 29, 2026 492 Views 0 comment Print

The ruling held that supplementary coaching services are not exempt since the provider is not an “educational institution.” Such services are taxable at 18% as commercial coaching.

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