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Judiciary

HC Grants Bail in ₹27.35 Crore GST ITC Case Based Mainly on Documentary Evidence

March 12, 2026 441 Views 0 comment Print

The Court allowed bail after observing that the accused had been in custody since November 2025 and the trial involving extensive documentary evidence may take considerable time.

Penalty for Non-Compliance Cannot Stand When Assessment Is Completed Under Section 143(3)

March 12, 2026 564 Views 0 comment Print

The ITAT Indore held that penalty under Section 272A(1)(d) cannot survive where the assessment is completed under Section 143(3) after considering the taxpayer’s delayed submissions, as such compliance effectively condones earlier defaults.

Gauhati HC Sets Aside GST Recovery Notice Because Taxpayer Was Not Given Opportunity to Respond

March 12, 2026 333 Views 0 comment Print

The High Court interfered with a GST recovery notice after finding that the petitioner had not been given an opportunity to respond to the show cause notice. The Court ordered fresh proceedings with proper notice and a chance to file a reply.

Bombay HC Quashes GST Bank Attachment Due to Absence of Reasoned Order

March 12, 2026 402 Views 0 comment Print

The Bombay High Court held that failure to address detailed objections and provide reasons renders provisional attachment orders legally unsustainable. The case was remanded for a fresh decision.

Skill Training Under Government Scheme Not Taxable Due to Applicable Service Tax Exemptions

March 12, 2026 384 Views 0 comment Print

The Tribunal held that services provided under the DDU-GKY scheme were covered by exemption notifications, eliminating service tax liability for the entire disputed period.

Video Conferencing Equipment Classified Under CTH 8517 as Communication Apparatus Due to Data Transmission Function

March 12, 2026 594 Views 0 comment Print

The authority held that webcams and video conferencing devices facilitate transmission and reception of voice and images, making them classifiable under CTH 8517 rather than as accessories of computers.

Reel Tracking Device classifiable as Radio Navigational Aid Due to GPS-Based Asset Tracking: CAAR Mumbai

March 12, 2026 309 Views 0 comment Print

The authority ruled that a cable drum tracking device must be classified under tariff heading 8526 because its principal function is GPS-based location tracking, with communication and sensors treated as ancillary features.

CAAR Declines Advance Ruling on Related-Party Transaction Value Due to SVB Jurisdiction

March 12, 2026 462 Views 0 comment Print

The Authority declined to rule on a revised pricing formula for imports from a related entity and directed that the matter be examined by the Special Valuation Branch.

No DAPE Where Distributors Act on Principal-to-Principal Basis ITAT Delhi

March 12, 2026 411 Views 0 comment Print

The Tribunal ruled that a Dependent Agent PE arises only if agents habitually conclude contracts or secure orders on behalf of the foreign enterprise. Since no such evidence existed, the foreign company’s income from software sales was not taxable in India.

Oracle India P. Ltd. not permanent establishment of Oracle Systems Corporation

March 11, 2026 657 Views 0 comment Print

ITAT Delhi held that Oracle India Private Limited is an independent legal entity and existence of Oracle India Private Limited cannot be considered as permanent establishment of Oracle Systems Corporation. Hence, there is not question of attribution of profit to Permanent Establishment.

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