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Judiciary

Penalty Set Aside: Broker Not Liable Without Possession of Goods under Excise Rule 26(2)

April 14, 2026 189 Views 0 comment Print

The Tribunal held that penalty cannot be imposed where the appellant merely acted as a broker without handling goods. Absence of possession or direct involvement made Rule 26 inapplicable.

Bank Account Attachment Quashed as Six-Month Section 110(5) Limit Expired Without Extension

April 14, 2026 381 Views 0 comment Print

The Court held that provisional attachment under Section 110(5) lapses after six months if not extended. It ruled that failure to pass a timely extension order renders the attachment invalid.

SCN Invalid as Issued Under Wrong Provision for GTO Services, Demand Set Aside

April 14, 2026 375 Views 0 comment Print

The issue involved service tax demand on GTO services using Section 73. The Tribunal held that recipients governed by Section 71A cannot be proceeded against under Section 73. The demand was quashed due to procedural invalidity of the notice.

ESOP Discount Allowed as Revenue Expense: ITAT rejects Notional Loss Claim

April 14, 2026 342 Views 0 comment Print

The Tribunal upheld deduction of ESOP expenses, relying on earlier decisions in the same case. It ruled that no change in facts justified a different view.

Addition on FD Interest Remanded as Authorities Failed to Examine Mutuality Principle

April 14, 2026 384 Views 0 comment Print

The Tribunal found that the assessee was not given adequate opportunity to present its case. It set aside the order and directed fresh assessment after proper hearing.

ITAT Remands Case as 12A and 80G Registration Denied Without Fair Opportunity

April 14, 2026 480 Views 0 comment Print

The Tribunal held that applications were rejected without adequate opportunity. The matter was remanded for fresh adjudication following natural justice.

ITAT Rajkot: Hybrid Seed Company’s Income Held as Agricultural

April 14, 2026 249 Views 0 comment Print

The issue was whether income from hybrid seed production on leased land qualifies as agricultural income. The Tribunal held that ownership is not necessary if the assessee exercises control, bears risk, and performs agricultural operations.

ITC Reversal Cannot Be Enforced Without Proceeding Against Defaulting Supplier: Telangana HC

April 14, 2026 753 Views 0 comment Print

The issue involved recovery of input tax credit without initiating action against the supplier. The Court held that coercive recovery should be stayed, emphasizing that authorities must first proceed against the supplier.

Cost-to-Cost Reimbursements allowed Due to Adequate Evidence, But Ad Expenses Disallowed for Lack of Proof

April 14, 2026 372 Views 0 comment Print

The Tribunal upheld cost-to-cost reimbursements for personnel and IT expenses where documentation and business purpose were established. However, advertisement expenses were disallowed due to absence of supporting evidence.

ITAT Allowed TDS Credit Despite Form 26AS Mismatch as Income Taxed in Same Year

April 14, 2026 597 Views 0 comment Print

The Tribunal held that TDS credit must be granted in the year in which the related income is assessed, even if it is not reflected in Form 26AS. The case clarifies that timing differences by the deductor cannot deny rightful credit.

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