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Judiciary

CVD Rate Irrelevant for Cenvat Credit; Eligibility Depends on Nature of Levy: CESTAT Chennai

April 29, 2026 129 Views 0 comment Print

The Tribunal held that credit depends on the nature of duty and not the rate at which it is paid. The key takeaway is that concessional CVD does not bar CENVAT credit.

Contractor Entitled to GST Reimbursement Under Contract Clause Despite Missing Schedule A: Tripura HC

April 29, 2026 174 Views 0 comment Print

The Court held that taxes paid under GST must be reimbursed under contractual terms. The key takeaway is that proof of payment ensures entitlement to reimbursement.

ITAT Rejects Appeal Where Declared Capital Gains Accepted Without Adjustment

April 29, 2026 213 Views 0 comment Print

The Tribunal held that since the Assessing Officer made no addition after verifying disclosures, the grievance lacked merit. Grounds were rightly treated as infructuous due to absence of tax impact.

Reopening Invalid as Notice Issued Beyond Six-Year Limitation Period: SC

April 29, 2026 408 Views 0 comment Print

The issue was whether reassessment notice issued after six years was valid. The Court upheld that such notices are time-barred and cannot be sustained under law.

Delhi HC Quashed Reopening Notice as Issued Beyond Six-Year Limitation

April 29, 2026 264 Views 0 comment Print

The Court examined whether reassessment notice issued beyond limitation was valid. It held that notices issued after expiry of the six-year limit under the old regime are barred and liable to be set aside.

Enteral Nutrition Product Not Beverage Due to Lack of Refreshment or Hydration Use: CAAR Mumbai

April 29, 2026 114 Views 0 comment Print

The case examined whether a tube-fed nutritional liquid qualifies as a beverage. Authorities held that its clinical use and lack of consumption as a drink exclude it from beverage classification.

Reopening Invalid Without Independent Material Showing Escapement: Gujarat HC

April 29, 2026 207 Views 0 comment Print

The Court held that reassessment under Sections 147/148 cannot be initiated solely on third-party data without independent evidence of income escapement. It ruled that such reopening amounts to suspicion and lacks the required “reason to believe.”

Section 80GGC Deduction Denied as Donation Linked to Bogus Political Party Activities

April 29, 2026 3450 Views 0 comment Print

The Tribunal upheld disallowance of deduction where donations were routed back to donors through layered transactions. The key takeaway is that non-genuine donations do not qualify for tax deduction.

Cloud Service Payments Not Taxable as Royalty Due to No Transfer of IP Rights: SC

April 29, 2026 249 Views 0 comment Print

The Supreme Court affirmed that payments for cloud computing services are not royalty where no intellectual property rights are transferred. It held that mere access to services does not amount to use of equipment or technology under tax law.

Date of DRP Upload, Not Visibility in AO Module, Determines Receipt: Telangana HC

April 29, 2026 120 Views 0 comment Print

The Court held that the issue of treating DRP upload as receipt was already settled by earlier rulings. It dismissed the Revenue’s appeals while making the decision subject to the Supreme Court’s final outcome.

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