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Judiciary

CIT(A)’s Non-Speaking Order & Failure to Address Legal Ground- Matter Remanded

April 18, 2026 132 Views 0 comment Print

The appeal involved a legal challenge regarding absence of notice under Section 143(2). The Tribunal held that failure to adjudicate this issue required fresh consideration and remanded the matter.

Custodian Not Liable Under Customs Law for Absence of Seal Tampering Evidence

April 18, 2026 171 Views 0 comment Print

The case addressed whether a custodian could be held liable for duty when container contents differed from declared goods. The Tribunal held that without proof of tampered or broken seals, liability under section 45 cannot be imposed.

Revenue Appeal Against Customs Broker Dismissed: No Penalty, No Mens Rea, Below ₹1 Cr Threshold

April 18, 2026 174 Views 0 comment Print

Calcutta High Court rejects Revenue appeal, ruling CBIC’s ₹1 crore threshold applies where no penalty survives. It upholds that a Customs Broker cannot be penalised without proof of mens rea, affirming Tribunal’s finding of a mere conduit role.

Section 12AB Registration Cannot Be Denied for Missing Irrevocability Clause Alone: ITAT Follows Bombay HC

April 18, 2026 138 Views 0 comment Print

The Tribunal ruled that absence of an irrevocability clause in the trust deed is not sufficient to reject registration. It relied on High Court precedent to set aside the order. The decision protects trusts from technical rejection.

Madras HC Sets Aside GST Exemption Denial on Lubricant–Petroleum Bundling

April 18, 2026 138 Views 0 comment Print

The case involved denial of exemption on petroleum-based turnover due to missing evidence. The Court held that the matter should be reconsidered after giving the assessee an opportunity to submit supporting documents.

Reassessment Time-Barred Despite TOLA & Ashish Agarwal: ITAT Upholds Quashing

April 18, 2026 162 Views 0 comment Print

Applying the computation method laid down in Rajeev Bansal, the Tribunal found the notice was issued late. The ruling confirms that delayed notices are void even with extended timelines.

Allahabad HC Quashes GST Order for Lack of Proper Hearing Notice

April 18, 2026 147 Views 0 comment Print

The case involved issuance of notice only through the portal after cancellation of registration. The Court held that absence of physical service violated natural justice and invalidated the order.

Voice Termination Charges Not Royalty Due to Absence of Secret Process Under DTAA

April 18, 2026 192 Views 0 comment Print

The ruling held that telecom voice termination services do not constitute royalty as no secret process or intellectual property is involved. Such receipts are treated as business profits and are not taxable in India without a permanent establishment.

Bombay HC Questions Validity of GST Section 168A Notifications Issued Without Council Recommendation

April 18, 2026 2241 Views 0 comment Print

The case questions validity of time-extension notifications allegedly issued without GST Council approval. The Court found arguable issues and granted interim protection against enforcement.

Mass Relief on 234E Fees: ITAT Deletes Levy for Pre-01.06.2015 Period

April 18, 2026 108 Views 0 comment Print

The issue involved levy of late fees on TDS returns processed before statutory amendment. The Tribunal held that absence of enabling provision made such levy invalid and unsustainable.

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