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Judiciary

Section 54 Deduction Allowed for Multiple Floors Due to Single Residential House Interpretation

April 7, 2026 732 Views 0 comment Print

The Tribunal held that different floors of the same building constitute one residential house. Deduction under Section 54 cannot be denied on the ground of structural division.

Proportionate CENVAT Reversal Treated as Separate Records; Full Credit Demand Set Aside: CESTAT Mumbai

April 7, 2026 273 Views 0 comment Print

The tribunal held that proportionate reversal of credit for trading is sufficient compliance. It ruled that full reversal under Rule 6(3A) is not mandatory.

ITC Refund Denial on ‘Intermediary’ Ground Set Aside; Matter Remanded: Bombay HC

April 7, 2026 537 Views 0 comment Print

The court set aside denial of ITC refund based on intermediary classification without proper examination. It remanded the matter for fresh adjudication considering agreements and legal precedents.

Gujarat HC Stays FIR in VAT Case Due to Procedural Lapses

April 7, 2026 294 Views 0 comment Print

The court stayed FIR proceedings for non-payment of VAT dues due to significant delay in filing. It held that delayed criminal action weakens prosecution and cannot be sustained mechanically.

No TCS on Compounding Fees as Illegal Mining Lacks Legal Contract or Licence: SC

April 6, 2026 651 Views 0 comment Print

The Supreme Court upheld that Section 206C(1C) applies only to lawful mining arrangements involving lease or licence. It ruled that compounding fees from illegal mining are not subject to TCS.

TCS Cannot Be Extended to Illegal Mining Cases Due to Absence of Transfer of Rights: Chhattisgarh HC

April 6, 2026 633 Views 0 comment Print

The High Court held that Section 206C(1C) applies only to lawful mining arrangements involving lease or licence. It ruled that compounding fees from illegal mining are outside its scope and not subject to TCS.

Foreign Investor Gains Not Taxable in India Due to DTAA Residency Rule: ITAT Mumbai

April 6, 2026 879 Views 0 comment Print

The tribunal held that gains from sale of shares did not fall under Article 14(4). It ruled that Article 14(6) applies, making gains taxable only in the country of residence. The decision clarifies DTAA interpretation.

Pre-Deposit Not Ground to Skip Appeal: Uttarakhand HC Dismisses GST Petition

April 6, 2026 858 Views 0 comment Print

The court declined to hear the GST dispute as an appeal remedy existed. It held that pre-deposit requirements cannot justify bypassing statutory remedies.

CENVAT Demand Quashed Due to Lack of Proof of Common Input Services

April 6, 2026 2127 Views 0 comment Print

The tribunal held that sale through regional offices does not amount to trading. It found that the goods were manufactured and duty was paid. The ruling clarifies distinction between manufacturing and trading.

Builder Liable for Profiteering for Not Passing GST Credit Benefits to Homebuyers: GSTAT

April 6, 2026 702 Views 0 comment Print

The case addressed increased ITC benefits post-GST without corresponding price reduction. The tribunal ruled this violated Section 171, mandating refund, interest at 18%, and potential penalty.

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