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Judiciary

Digestive Capsules Classified as Supari, Not Pan Masala; GST Fixed at 5%: AAR Gujarat

February 20, 2026 573 Views 0 comment Print

The Gujarat AAR held that paan-based edible capsules containing supari but no lime, katha, or tobacco qualify as Betel nut product known as Supari under HSN 2106 90 30. All products were taxed at 5% GST under HSN 2106.

Madras HC Upholds ITC Reversal Under TN VAT Sec 19(20) for Below-Cost Sales

February 20, 2026 588 Views 0 comment Print

The High Court upheld Section 19(20) of the TN VAT Act, ruling that excess input tax credit must be reversed when goods are sold below invoice purchase price. It held ITC is a statutory concession and can be restricted to safeguard revenue.

Non-tribal individual using tribal employee to purchase land is violative of Chhattisgarh Land Revenue Code

February 19, 2026 408 Views 0 comment Print

SAFEMA Delhi held that non-tribal individual used tribal employee to Benami purchase land. Thus, the sale is violative of section 165(6) of the Chhattisgarh Land Revenue Code is absolutely barred under the law. Accordingly, appeal dismissed.

Reassessment Quashed as Year of Search Cannot Be Reopened Under Section 148

February 19, 2026 621 Views 0 comment Print

The Tribunal held that reassessment under Sections 147/148 is invalid when the assessment year is the year of search. Such cases must proceed under normal assessment provisions.

ITAT Delhi Quashed Section 263 Revision as AO Took a Possible View

February 19, 2026 582 Views 0 comment Print

The Tribunal held that revision under Section 263 is invalid where the Assessing Officer examined records and adopted a plausible view. Mere disagreement or desire for further enquiry is insufficient.

ITAT Recalls Order Due to Non-Consideration of Conditional Withdrawal of Grounds

February 19, 2026 399 Views 0 comment Print

The Tribunal recalled its earlier order after finding that the assessee’s conditional withdrawal of reopening grounds was not properly considered. The matter was directed for fresh adjudication to address legal and factual issues.

Bombay HC Quashes Reassessment as Section 148 Notice Issued by Wrong Authority

February 19, 2026 1014 Views 0 comment Print

The Court held that issuance of notice under Section 148 by the Jurisdictional Assessing Officer instead of the Faceless Assessing Officer is a jurisdictional defect. All consequential reassessment proceedings were set aside.

Unsigned Sale Agreement & Alleged On-Money Addition quashed for Assessment Barred by Limitation

February 19, 2026 612 Views 0 comment Print

The Tribunal held that exclusion of time for transfer of seized material applies only within the running limitation period. As the assessment was passed beyond the recalculated deadline, it was quashed as barred by limitation.

Demand of service tax under RCM merely based on balance sheet figures cannot be sustained

February 19, 2026 768 Views 0 comment Print

CESTAT Kolkata held that demand of service tax under Reverse Charge Mechanism [RCM] raised merely on the basis of figures appearing in Balance Sheet without classifying the category of service is not sustainable.

Refund rejection not sustained as service amounts to intermediary not proved by department

February 19, 2026 375 Views 0 comment Print

Telangana High Court held that rejection of refund application by refund sanctioning authority not sustained since authorities failed to demonstrate that services rendered by petitioner tantamount to intermediary services. Accordingly, writ petition is allowed.

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