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Judiciary

GST Not Applicable on Commission Paid to Employees: Karnataka HC

April 23, 2026 429 Views 0 comment Print

The Court held that payments to pigmy agents qualify as employee wages, not taxable services. As a result, GST under reverse charge does not apply.

Revision u/s. 263 upheld as related party expense allowed without detailed verification

April 22, 2026 540 Views 0 comment Print

ITAT Delhi held that revisionary proceedings under 263 of the Income Tax Act justifiable since related-party expenses were accepted without detailed verification. Accordingly, revision is upheld and the present appeal is dismissed.

Private records recovered during investigation cannot prove charge of clandestine removal of goods

April 22, 2026 762 Views 0 comment Print

CESTAT Kolkata held that the charge of clandestine removal of goods cannot be proved on the basis of private records recovered during the course of investigation in the absence of any corroborative evidence in support. Accordingly, order set aside and appeal is allowed.

ITAT Quashed Income Tax Assessment Due to Absence of Section 127 Transfer Order

April 22, 2026 1062 Views 0 comment Print

The Tribunal held that failure to issue a jurisdictional transfer order under Section 127 invalidates the assessment. It ruled that absence of such order renders proceedings void ab initio, irrespective of merits.

Provision of section 76 of CGST not invocable as GST component already remitted

April 22, 2026 2589 Views 0 comment Print

Madras High Court held that section 76 of the Central Goods and Services Tax Act, 2017 are not applicable since GST component is already remitted by GAIL [transmission vertical]. Accordingly, provisions of section 76 of CGST cannot be invoked. Hence, present petition is allowed.

Electrical repair service to government entity exempt from service tax vide notification 25/2012

April 22, 2026 258 Views 0 comment Print

CESTAT Allahabad held that electrical repair services provided to governmental entities is exempt from payment of service tax vide notification no. 25/2012-ST dated 20.06.2012. Accordingly, the order is set aside and appeal is allowed.

CESTAT Allowed SSI Exemption for Failure to Distinguish Trading from Manufacturing Sales

April 21, 2026 321 Views 0 comment Print

The Tribunal ruled that the Department failed to prove that goods classified as trading were actually manufactured by the assessee. In absence of proper investigation, excise demand and penalties were held unsustainable.

SC Dismisses Appeal Due to Delay, HC Ruling on No PE and Offshore Taxability Stands

April 21, 2026 372 Views 0 comment Print

The Supreme Court declined to condone delay, thereby upholding the High Court’s conclusion that the liaison office did not constitute a PE. The High Court found activities to be preparatory in nature. The ruling highlights strict standards for establishing PE in India.

Offshore Supply Income Not Taxable in India Due to Absence of Business Connection: Delhi HC

April 21, 2026 306 Views 0 comment Print

The judgment confirms that income from offshore equipment supply is not taxable where transactions occur outside India. The liaison office was also held not to create a taxable presence. The case highlights limits of tax jurisdiction over cross-border supplies.

Income Tax Appeal Reinstated as Delay due to Bona Fide Belief & COVID-19 Disruption

April 21, 2026 249 Views 0 comment Print

The Tribunal held that lack of awareness of the assessment order and limited knowledge of tax law constituted sufficient cause for delay. The matter was restored for reconsideration on merits.

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