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Judiciary

Typographical GSTIN Error Penalty Not Examined in Writ; Appeal Remedy Advised

April 14, 2026 180 Views 0 comment Print

The issue involved penalty imposed for alleged GSTIN discrepancy in transit goods. The Court held that payment concludes proceedings but allowed appeal without further pre-deposit.

Unexplained Credits Taxed u/s 68: No Business Income or 80-IB Deduction Without Proof

April 14, 2026 927 Views 0 comment Print

The Court held that failure to prove identity and source of creditors attracts Section 68. Such unexplained credits cannot be treated as business income or eligible for deduction under Sections 80-IA/80-IB.

Penalty Set Aside: Broker Not Liable Without Possession of Goods under Excise Rule 26(2)

April 14, 2026 99 Views 0 comment Print

The Tribunal held that penalty cannot be imposed where the appellant merely acted as a broker without handling goods. Absence of possession or direct involvement made Rule 26 inapplicable.

Bank Account Attachment Quashed as Six-Month Section 110(5) Limit Expired Without Extension

April 14, 2026 228 Views 0 comment Print

The Court held that provisional attachment under Section 110(5) lapses after six months if not extended. It ruled that failure to pass a timely extension order renders the attachment invalid.

SCN Invalid as Issued Under Wrong Provision for GTO Services, Demand Set Aside

April 14, 2026 222 Views 0 comment Print

The issue involved service tax demand on GTO services using Section 73. The Tribunal held that recipients governed by Section 71A cannot be proceeded against under Section 73. The demand was quashed due to procedural invalidity of the notice.

ESOP Discount Allowed as Revenue Expense: ITAT rejects Notional Loss Claim

April 14, 2026 216 Views 0 comment Print

The Tribunal upheld deduction of ESOP expenses, relying on earlier decisions in the same case. It ruled that no change in facts justified a different view.

Addition on FD Interest Remanded as Authorities Failed to Examine Mutuality Principle

April 14, 2026 243 Views 0 comment Print

The Tribunal found that the assessee was not given adequate opportunity to present its case. It set aside the order and directed fresh assessment after proper hearing.

ITAT Remands Case as 12A and 80G Registration Denied Without Fair Opportunity

April 14, 2026 261 Views 0 comment Print

The Tribunal held that applications were rejected without adequate opportunity. The matter was remanded for fresh adjudication following natural justice.

ITAT Rajkot: Hybrid Seed Company’s Income Held as Agricultural

April 14, 2026 123 Views 0 comment Print

The issue was whether income from hybrid seed production on leased land qualifies as agricultural income. The Tribunal held that ownership is not necessary if the assessee exercises control, bears risk, and performs agricultural operations.

ITC Reversal Cannot Be Enforced Without Proceeding Against Defaulting Supplier: Telangana HC

April 14, 2026 531 Views 0 comment Print

The issue involved recovery of input tax credit without initiating action against the supplier. The Court held that coercive recovery should be stayed, emphasizing that authorities must first proceed against the supplier.

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