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Judiciary

Land Sale Profits Treated as Capital Gains, Not Business Income: Madras HC

January 17, 2026 1344 Views 0 comment Print

The High Court held that long-held, undeveloped land sold by the assessee gave rise to capital gains. Intention, holding period, and conduct outweighed Revenue assumptions.

GST notice uploaded on GST portal resulted into non-participation of taxpayer: case remanded

January 17, 2026 2379 Views 0 comment Print

Orissa High Court held that mere uploading of demand-cum-show cause notice in Form GST DRC-01 on GST portal under ‘Additional Notices/Orders’ resulted into non-participation. Hence, the ex-parte order passed thereon is quashed and case is remanded back.

Audit Penalty Set Aside Due to Bona Fide Cause for Delay

January 17, 2026 828 Views 0 comment Print

The dispute concerned late filing of an audit report triggering penalty under section 271B. The Tribunal accepted personal hardship and first-year audit obligation as reasonable cause under section 273B. The decision reinforces relief where delay is genuine and explained.

PVC Resin Suspension Grade is classifiable under CTH 3904.21

January 17, 2026 579 Views 0 comment Print

CESTAT Chennai held that Polyvinyl Chloride [PVC] Suspension Resin Grade are correctly classifiable under Customs Tariff Heading [CTH] 3904.21. Accordingly, the order is set aside and appeal is allowed.

Dividend Exemption Restored as Form Cannot Override Substance

January 17, 2026 306 Views 0 comment Print

The Tribunal emphasized that exempt income disclosed in the return cannot be taxed due to a technical reporting mistake. Substance of disclosure prevails over form where facts are undisputed.

Chilly Seeds that are seeds of genus Capsicum are classified under CTH 1209

January 17, 2026 297 Views 0 comment Print

Held that Chilly Seeds that are Seeds of the fruits of genus Capsicum are classified under CTH 1209 and are not covered under CTI 0904. Accordingly, order of Commissioner (A) set aside and appeal of assessee is allowed.

Section 68 Addition Set Aside for Non-Consideration of Evidence

January 17, 2026 567 Views 0 comment Print

The case involved a cash seizure treated as unexplained solely because the tax officer assumed no response was filed. The Tribunal ruled that overlooking documentary replies violates natural justice and warrants remand.

Offence u/s. 489(C) of IPC confirmed as recovery of counterfeit notes proved beyond reasonable doubt

January 17, 2026 3192 Views 0 comment Print

Delhi High Court held that discrepancy in counting of notes and in some serial numbers cannot be reason for acquittal since prosecution has proved its case of recovery of counterfeit notes beyond reasonable doubt. Accordingly, offence u/s. 489(C) of IPC stands proved.

Service Tax Demand Fails Where No Event Management Activity Exists: SC

January 16, 2026 396 Views 0 comment Print

The Supreme Court examined whether fees paid to foreign speakers through booking agents attract service tax as event management service. It held that speaker booking does not amount to planning, organizing, or managing an event and is therefore not taxable under that category.

80G Approval Not Deniable for Incidental Religious Activities

January 16, 2026 729 Views 0 comment Print

The Tribunal ruled that trusts engaged mainly in education, medical aid, and public welfare remain eligible for 80G. Minor worship-related elements do not alter charitable character.

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