TaxGuru.in - Daily Newsletter

CENVAT Demand Set Aside Because Statements Recorded Under Section 14 Were Used Without Mandatory Section 9D Compliance: CESTAT Delhi

CA Sandeep Kanoi — Wed, 29 Apr 2026 15:29:33 +0000

CESTAT Delhi held that statements recorded during investigation cannot be relied upon as evidence unless the mandatory procedure under Section 9D—examination before adjudicating authority and admissibility determination—is followed.

The post CENVAT Demand Set Aside Because Statements Recorded Under Section 14 Were Used Without Mandatory Section 9D Compliance: CESTAT Delhi appeared first on TaxGuru.

State GST Officer Lacked Jurisdiction as IGST on Imports Can Be Assessed Only by Customs Authorities: AP HC

CA Sandeep Kanoi — Wed, 29 Apr 2026 15:24:53 +0000

Avanti Feeds Limited Vs Deputy Commissioner of State Tax (Andhra Pradesh High Court) The writ petition before the Andhra Pradesh High Court concerned the jurisdiction to assess and recover Integrated Goods and Services Tax (IGST) on imported goods and the authority of State GST officers to initiate proceedings in relation to such imports. The petitioner, […]

The post State GST Officer Lacked Jurisdiction as IGST on Imports Can Be Assessed Only by Customs Authorities: AP HC appeared first on TaxGuru.

Pass-Through Costs Excluded From Transfer Pricing PLI as No Value Addition Was Performed: ITAT Mumbai

CA Sandeep Kanoi — Wed, 29 Apr 2026 15:19:08 +0000

ITAT Mumbai held that payments made to third-party vendors on a cost-to-cost basis, without any value addition by the assessee, should be treated as pass-through costs and excluded from PLI computation.

The post Pass-Through Costs Excluded From Transfer Pricing PLI as No Value Addition Was Performed: ITAT Mumbai appeared first on TaxGuru.

Section 269ST Penalty Deleted as Seized Excel Sheets Did Not Prove Single Cash Transaction Above ₹2 Lakh

CA Sandeep Kanoi — Wed, 29 Apr 2026 15:17:05 +0000

The Tribunal held that consolidated Excel entries showing aggregate cash sales were insufficient to establish receipt of ₹2 lakh or more in a single transaction, and penalty under Section 271DA could not be sustained.

The post Section 269ST Penalty Deleted as Seized Excel Sheets Did Not Prove Single Cash Transaction Above ₹2 Lakh appeared first on TaxGuru.

Bogus Purchase Addition Deleted Because Material Movement, Site Records & Banking Proof Established Genuineness: ITAT

CA Sandeep Kanoi — Wed, 29 Apr 2026 14:48:51 +0000

The Tribunal deleted purchase disallowances after noting invoices, transport records, weighbridge slips, tax returns and bank payments supported actual procurement and use of materials in infrastructure projects.

The post Bogus Purchase Addition Deleted Because Material Movement, Site Records & Banking Proof Established Genuineness: ITAT appeared first on TaxGuru.

Share Transfer in Family Arrangement Not Taxable: ITAT Deletes ₹489 Crore Addition

CA Sandeep Kanoi — Wed, 29 Apr 2026 14:46:11 +0000

The issue was whether a share transfer without consideration constituted taxable capital gains. The Tribunal held that genuine family realignment is not taxable.

The post Share Transfer in Family Arrangement Not Taxable: ITAT Deletes ₹489 Crore Addition appeared first on TaxGuru.

Service Tax Can’t Be Levied Solely on Form 26AS Entries Without Proving Taxable Service: Gauhati HC

CA Sandeep Kanoi — Wed, 29 Apr 2026 14:39:16 +0000

High Court held that receipts reflected in Form 26AS cannot automatically be treated as taxable services. Tax liability must first be established under the charging provisions of law after examining the nature of the receipts.

The post Service Tax Can’t Be Levied Solely on Form 26AS Entries Without Proving Taxable Service: Gauhati HC appeared first on TaxGuru.

Car Dealer Incentives Are Trade Discounts, Not Taxable Commission, on Principal-to-Principal Sales: CESTAT Kolkata

CA Sandeep Kanoi — Wed, 29 Apr 2026 14:32:02 +0000

The Tribunal held that the margin between purchase and sale of vehicles is trading profit, not commission. Service Tax demand on such margin was therefore unsustainable.

The post Car Dealer Incentives Are Trade Discounts, Not Taxable Commission, on Principal-to-Principal Sales: CESTAT Kolkata appeared first on TaxGuru.

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

CA Sandeep Kanoi — Wed, 29 Apr 2026 14:30:25 +0000

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.

The post CVD Rate Irrelevant for Cenvat Credit; Eligibility Depends on Nature of Levy: CESTAT Chennai appeared first on TaxGuru.

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

CA Sandeep Kanoi — Wed, 29 Apr 2026 14:28:37 +0000

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.

The post Contractor Entitled to GST Reimbursement Under Contract Clause Despite Missing Schedule A: Tripura HC appeared first on TaxGuru.

ITAT Rejects Appeal Where Declared Capital Gains Accepted Without Adjustment

CA Sandeep Kanoi — Wed, 29 Apr 2026 14:27:18 +0000

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.

The post ITAT Rejects Appeal Where Declared Capital Gains Accepted Without Adjustment appeared first on TaxGuru.

Mandatory PAN Requirement Introduced for Post Office Transactions Under Income Tax Rules 2026

editor7 — Wed, 29 Apr 2026 14:13:03 +0000

The consolidation into Form 121 introduces stricter documentation and reporting obligations. The decision emphasizes accountability and structured tax reporting mechanisms.

The post Mandatory PAN Requirement Introduced for Post Office Transactions Under Income Tax Rules 2026 appeared first on TaxGuru.

AMC for Tier II Accounts Aligned with Tier I but Waived for Low Corpus up to ₹21,000

editor4 — Wed, 29 Apr 2026 14:11:36 +0000

Accounts with no contributions for four consecutive quarters will be classified as dormant and charged reduced AMC. This lower fee continues until the account becomes active again.

The post AMC for Tier II Accounts Aligned with Tier I but Waived for Low Corpus up to ₹21,000 appeared first on TaxGuru.

As a Foreign Company, Do I Need to File Annual CIT in China?

Dr Anil Gupta — Wed, 29 Apr 2026 13:41:03 +0000

The issue is whether foreign businesses without offices in China must comply with tax laws. The key takeaway is that activities and income sources can trigger CIT obligations even without physical presence.

The post As a Foreign Company, Do I Need to File Annual CIT in China? appeared first on TaxGuru.

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

CA Sandeep Kanoi — Wed, 29 Apr 2026 13:24:11 +0000

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.

The post Reopening Invalid as Notice Issued Beyond Six-Year Limitation Period: SC appeared first on TaxGuru.

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

CA AJAY KUMAR AGRAWAL — Wed, 29 Apr 2026 13:22:55 +0000

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.

The post Delhi HC Quashed Reopening Notice as Issued Beyond Six-Year Limitation appeared first on TaxGuru.

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

CA Sandeep Kanoi — Wed, 29 Apr 2026 13:20:03 +0000

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.

The post Enteral Nutrition Product Not Beverage Due to Lack of Refreshment or Hydration Use: CAAR Mumbai appeared first on TaxGuru.

GST Enforcement Excesses: Misuse of Section 130 Against Genuine Taxpayers

S PRASAD — Wed, 29 Apr 2026 13:18:02 +0000

The issue highlights illegal confiscation of goods under Section 130 without evidence of tax evasion. The key takeaway is that penal provisions cannot be invoked without proving intent to evade tax.

The post GST Enforcement Excesses: Misuse of Section 130 Against Genuine Taxpayers appeared first on TaxGuru.

Procedure of alteration of Memorandum of Association under Companies Act, 2013

DR CS RONAK JHUTHAWAT — Wed, 29 Apr 2026 13:14:07 +0000

The procedure outlines steps for altering the Memorandum of Association, including board approval, shareholder resolution, and regulatory filings. It emphasizes that changes become effective only after Registrar or government approval.

The post Procedure of alteration of Memorandum of Association under Companies Act, 2013 appeared first on TaxGuru.

Reopening Invalid Without Independent Material Showing Escapement: Gujarat HC

CA AJAY KUMAR AGRAWAL — Wed, 29 Apr 2026 12:51:54 +0000

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.”

The post Reopening Invalid Without Independent Material Showing Escapement: Gujarat HC appeared first on TaxGuru.

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

CA AJAY KUMAR AGRAWAL — Wed, 29 Apr 2026 12:43:07 +0000

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.

The post Section 80GGC Deduction Denied as Donation Linked to Bogus Political Party Activities appeared first on TaxGuru.

Practice vs Job – A Real Career Dilemma for CA

Himanshu Santhalia — Wed, 29 Apr 2026 12:11:49 +0000

The discussion highlights the key dilemma faced after CA qualification—practice or job. It concludes that the right choice depends on risk appetite, financial needs, and long-term career goals.

The post Practice vs Job – A Real Career Dilemma for CA appeared first on TaxGuru.

Companies (Amendment) Bill, 2026: Advancing India’s Corporate Regulatory Framework

Hetasvi Atulkumar Mehta — Wed, 29 Apr 2026 12:10:58 +0000

The Bill decriminalises minor offences by converting them into civil penalties, reducing fear of prosecution for procedural lapses. This approach encourages compliance while maintaining deterrence through financial penalties.

The post Companies (Amendment) Bill, 2026: Advancing India’s Corporate Regulatory Framework appeared first on TaxGuru.

Human Rights Issues under Armed Forces (Special Powers) Act, 1958

Shifali — Wed, 29 Apr 2026 12:06:08 +0000

The law granting special powers to armed forces was upheld, but courts emphasized that such powers are not absolute. Safeguards like proportional use of force and timely handover of detainees were mandated.

The post Human Rights Issues under Armed Forces (Special Powers) Act, 1958 appeared first on TaxGuru.

Philosophy of Income Tax Act 2025: Perspectives from Great Thinkers

MOHIT SINGH — Wed, 29 Apr 2026 12:01:06 +0000

The new tax law addresses long-standing concerns over complexity by reducing provisions and simplifying language. It introduces structural clarity and digital tools to improve compliance while reducing taxpayer burden.

The post Philosophy of Income Tax Act 2025: Perspectives from Great Thinkers appeared first on TaxGuru.

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

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:52:58 +0000

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.

The post Cloud Service Payments Not Taxable as Royalty Due to No Transfer of IP Rights: SC appeared first on TaxGuru.

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

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:50:54 +0000

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.

The post Date of DRP Upload, Not Visibility in AO Module, Determines Receipt: Telangana HC appeared first on TaxGuru.

TP Segment Split Rejected as Trading & After-Sales Services Are Inextricably Linked; TNMM at Entity Level Upheld: ITAT Delhi

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:47:51 +0000

The Tribunal held that trading and service activities were inextricably linked and could not be segmented. It accepted entity-level TNMM, rendering TP adjustments unsustainable.

The post TP Segment Split Rejected as Trading & After-Sales Services Are Inextricably Linked; TNMM at Entity Level Upheld: ITAT Delhi appeared first on TaxGuru.

TDS Credit Can’t Be Denied Merely Because It Appears in Sister Concern’s 26AS: ITAT Delhi

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:45:01 +0000

The Tribunal held that TDS credit cannot be denied merely because it does not appear under the assessee’s PAN. It ruled that the assessee cannot be forced to ensure revision of TDS returns by the deductor.

The post TDS Credit Can’t Be Denied Merely Because It Appears in Sister Concern’s 26AS: ITAT Delhi appeared first on TaxGuru.

Only Legitimate Tax Can Be Collected; ITAT Restores BBC Distribution Fee Royalty Taxability Issue

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:43:01 +0000

The Tribunal set aside the dismissal of a delayed appeal, holding that the issue of distribution fee taxability requires fresh examination on merits. The case was remanded to the Assessing Officer for reconsideration with proper hearing.

The post Only Legitimate Tax Can Be Collected; ITAT Restores BBC Distribution Fee Royalty Taxability Issue appeared first on TaxGuru.

Refund of Earlier Advance Can’t Be Taxed as Accommodation Entry U/s 68: ITAT Delhi

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:40:53 +0000

The Tribunal held that return of advances cannot be taxed under Section 68. The key takeaway is that explained transactions supported by records cannot be treated as unexplained income.

The post Refund of Earlier Advance Can’t Be Taxed as Accommodation Entry U/s 68: ITAT Delhi appeared first on TaxGuru.

No Penalty Where Return Filed After Probate Grant and Income Fully Disclosed in Form 26AS

editor4 — Wed, 29 Apr 2026 11:36:36 +0000

The Tribunal held that delay in filing the return due to pending probate proceedings was beyond the control of executors. It ruled that such delay constituted a bona fide explanation, leading to deletion of penalty under Section 270A.

The post No Penalty Where Return Filed After Probate Grant and Income Fully Disclosed in Form 26AS appeared first on TaxGuru.

Licence Revocation Set Aside Due to Lack of Evidence Linking Customs Broker to Fradulent Exports

editor8 — Wed, 29 Apr 2026 11:34:33 +0000

The Tribunal held that no documentary evidence connected the Customs Broker to the alleged fraudulent exports. Revocation and penalty were quashed for want of proof.

The post Licence Revocation Set Aside Due to Lack of Evidence Linking Customs Broker to Fradulent Exports appeared first on TaxGuru.

No TDS on Foreign Agent Commission for Services Rendered Abroad; ITAT Deletes Section 40(a)(i) Disallowance

editor4 — Wed, 29 Apr 2026 11:31:39 +0000

The Tribunal held that commission paid to foreign agents for services rendered outside India is not taxable in India. Consequently, no TDS obligation arises, and disallowance under section 40(a)(i) was deleted.

The post No TDS on Foreign Agent Commission for Services Rendered Abroad; ITAT Deletes Section 40(a)(i) Disallowance appeared first on TaxGuru.

No Section 43B Disallowance as Service Tax Not Claimed in P&L: ITAT Dehradun

editor3 — Wed, 29 Apr 2026 11:28:54 +0000

The tribunal recalled its earlier order after finding it addressed an incorrect issue. It ultimately upheld that no disallowance applies when no expense is claimed.

The post No Section 43B Disallowance as Service Tax Not Claimed in P&L: ITAT Dehradun appeared first on TaxGuru.

Insurance, Hedging & Employee Training Services Qualify as Input Services for Cenvat Credit: CESTAT Delhi

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:24:56 +0000

The case addressed whether insurance services qualify as input services. The Tribunal held that insurance linked to business assets is eligible for Cenvat credit, emphasizing indirect nexus with manufacturing.

The post Insurance, Hedging & Employee Training Services Qualify as Input Services for Cenvat Credit: CESTAT Delhi appeared first on TaxGuru.

Penalty Upheld on CHA for Lending Licence Without Due Diligence Leading to Smuggling

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:23:17 +0000

The case examined whether a CHA can be penalized for allowing misuse of its licence. The Tribunal upheld the penalty, holding that lack of due diligence leading to smuggling attracts liability.

The post Penalty Upheld on CHA for Lending Licence Without Due Diligence Leading to Smuggling appeared first on TaxGuru.

No GST Council Recommendation, No ‘Proper Officer’ Status; MP HC Quashes Order

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:21:38 +0000

The issue was whether an Assistant Commissioner was competent to pass a GST demand order. The Court held the order invalid due to lack of proper authorization. The key takeaway is that jurisdictional compliance is mandatory for tax orders.

The post No GST Council Recommendation, No ‘Proper Officer’ Status; MP HC Quashes Order appeared first on TaxGuru.

Commissioner Cannot Revoke G-Card Under CBLR; Penalty Reduced to ₹10,000: CESTAT Kolkata

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:17:51 +0000

The case examined whether authorities could revoke a G-card under existing regulations. The Tribunal held that no such power exists and ordered restoration of the G-card.

The post Commissioner Cannot Revoke G-Card Under CBLR; Penalty Reduced to ₹10,000: CESTAT Kolkata appeared first on TaxGuru.

GST Assessment Order Set Aside Due to Lack of Opportunity to Reply to SCN: Karnataka HC

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:16:24 +0000

The issue was whether failure to reply justified confirmation of demand. The Court held that proper adjudication required a response and remitted the matter with conditions.

The post GST Assessment Order Set Aside Due to Lack of Opportunity to Reply to SCN: Karnataka HC appeared first on TaxGuru.

ITR Alone Can’t Prove Low Income to Escape Maintenance; Wife’s Earning Capacity No Bar: Gujarat HC

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:15:14 +0000

The court upheld ₹50,000 monthly maintenance after finding insufficient evidence of reduced income. It ruled that inability claims must be substantiated and cannot defeat maintenance obligations.

The post ITR Alone Can’t Prove Low Income to Escape Maintenance; Wife’s Earning Capacity No Bar: Gujarat HC appeared first on TaxGuru.

No Adhoc Disallowance of Commission on Assumptions Without Specific Defects: ITAT Delhi

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:12:04 +0000

The issue was whether commission payments were genuine business expenses. The Tribunal held that disallowance based on non-response and suspicion was not justified. The key takeaway is that conjectures cannot replace evidence in tax assessments.

The post No Adhoc Disallowance of Commission on Assumptions Without Specific Defects: ITAT Delhi appeared first on TaxGuru.

Foreign Tax Credit Cannot Be Denied for Partial Overseas Return Filing: ITAT Mumbai

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:10:32 +0000

The Tribunal held that FTC claims cannot be rejected solely due to incomplete foreign tax return filing. The key takeaway is that authorities must verify available and subsequent evidence before denying relief.

The post Foreign Tax Credit Cannot Be Denied for Partial Overseas Return Filing: ITAT Mumbai appeared first on TaxGuru.

GST Appeal Rejected Due to Delay Beyond Statutory Limit: Allahabad HC

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:08:49 +0000

The Court held that appeals filed beyond the maximum four-month period under GST law cannot be condoned. It ruled that limitation provisions must be strictly followed, leaving no scope for invoking the Limitation Act.

The post GST Appeal Rejected Due to Delay Beyond Statutory Limit: Allahabad HC appeared first on TaxGuru.

Bombay HC Quashes 10-Year Delayed Cess Assessment as Unreasonable & Time-Barred

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:05:33 +0000

The Court held that assessment proceedings delayed by over ten years are unreasonable and invalid. The key takeaway is that authorities must complete adjudication within a reasonable timeframe.

The post Bombay HC Quashes 10-Year Delayed Cess Assessment as Unreasonable & Time-Barred appeared first on TaxGuru.

Search on Third Party Cannot Extend Reassessment Time Without Assessee Link: SC

CA Sandeep Kanoi — Wed, 29 Apr 2026 11:01:09 +0000

The Supreme Court held that reassessment notices issued after the six-year limit are barred. It affirmed that expired cases cannot be revived under later provisions.

The post Search on Third Party Cannot Extend Reassessment Time Without Assessee Link: SC appeared first on TaxGuru.

Captive Power Valuation Must Include Electricity Duty for 80-IA Deduction: Calcutta HC

CA Sandeep Kanoi — Wed, 29 Apr 2026 10:59:38 +0000

The issue concerned overlap of deductions under Sections 80-IA and 80HHC. The Court held that 80HHC profits cannot be reduced by 80-IA deduction, ensuring independent computation.

The post Captive Power Valuation Must Include Electricity Duty for 80-IA Deduction: Calcutta HC appeared first on TaxGuru.

Cash Deposits from Tractor Sales Can’t Be Taxed as Unexplained Income: ITAT Ahmedabad

CA Sandeep Kanoi — Wed, 29 Apr 2026 10:55:42 +0000

The tribunal held that cash deposits backed by sales records cannot be treated as unexplained income. It upheld deletion of addition where transactions were properly documented.

The post Cash Deposits from Tractor Sales Can’t Be Taxed as Unexplained Income: ITAT Ahmedabad appeared first on TaxGuru.

Bogus Purchase Addition Remanded as Fresh Evidence Warrants Verification: ITAT Surat

CA Sandeep Kanoi — Wed, 29 Apr 2026 10:53:21 +0000

The assessee produced new evidence including invoices and tax returns of suppliers. The Tribunal held that these documents must be examined before deciding the issue.

The post Bogus Purchase Addition Remanded as Fresh Evidence Warrants Verification: ITAT Surat appeared first on TaxGuru.

No Capital Gains Tax on Void Sale Deed Executed Through Forged POA: ITAT Ahmedabad

CA Sandeep Kanoi — Wed, 29 Apr 2026 10:51:58 +0000

The issue involved taxation of capital gains based on a disputed land sale. The Tribunal held that once the sale deed was declared void, no capital gains could arise.

The post No Capital Gains Tax on Void Sale Deed Executed Through Forged POA: ITAT Ahmedabad appeared first on TaxGuru.

Declared Value of Used Machinery Can’t Be Enhanced Solely on Local Chartered Engineer Certificate: CESTAT Chennai

CA Sandeep Kanoi — Wed, 29 Apr 2026 10:49:37 +0000

The issue involved enhancement of value of imported second-hand machinery. The Tribunal held that rejection of the load port certificate was unjustified, restoring the declared transaction value.

The post Declared Value of Used Machinery Can’t Be Enhanced Solely on Local Chartered Engineer Certificate: CESTAT Chennai appeared first on TaxGuru.

Commission Agent Not Eligible for TDS Credit on Farmers’ Income: ITAT Ahmedabad

CA Sandeep Kanoi — Wed, 29 Apr 2026 10:43:28 +0000

The tribunal held that TDS credit cannot be claimed by an agent when the underlying income belongs to farmers. It ruled that credit must align with the person offering the income to tax.

The post Commission Agent Not Eligible for TDS Credit on Farmers’ Income: ITAT Ahmedabad appeared first on TaxGuru.

Writ Not Maintainable After GSTAT Becomes Functional Due to Availability of Appellate Remedy: Orissa HC

CA Sandeep Kanoi — Wed, 29 Apr 2026 10:41:12 +0000

The Court held that once GSTAT is operational and timelines are extended, disputes must be pursued through the appellate mechanism. Writ petitions cannot continue when an effective statutory remedy exists.

The post Writ Not Maintainable After GSTAT Becomes Functional Due to Availability of Appellate Remedy: Orissa HC appeared first on TaxGuru.

Excess GST Payment Must Be Adjusted Before Interest Recalculation: Madras HC

CA Sandeep Kanoi — Wed, 29 Apr 2026 10:38:32 +0000

The Court held that penalty under Section 73 cannot be imposed without justification even where tax liability is admitted. It allowed reconsideration of the issue while confirming liability to pay interest on delayed payment. The ruling emphasizes that penalty is not automatic.

The post Excess GST Payment Must Be Adjusted Before Interest Recalculation: Madras HC appeared first on TaxGuru.

Karnataka HC Set Aside Ex-Parte ITC Rejection Due to COVID-Related Non-Response

CA Sandeep Kanoi — Wed, 29 Apr 2026 10:35:46 +0000

Dispute on ITC mismatch between returns was remitted after ex-parte order, allowing reconciliation upon 10% pre-deposit. Key takeaway: reconciliation issues must be examined with proper hearing.

The post Karnataka HC Set Aside Ex-Parte ITC Rejection Due to COVID-Related Non-Response appeared first on TaxGuru.

GST 70:30 Solar Tax Split Cannot Be Applied Retrospectively: AP HC

CA Sandeep Kanoi — Wed, 29 Apr 2026 10:32:04 +0000

The court held that a GST circular cannot enforce retrospective application of the 70:30 tax split on solar EPC contracts. It clarified that such application is optional for taxpayers and not mandatory for authorities.

The post GST 70:30 Solar Tax Split Cannot Be Applied Retrospectively: AP HC appeared first on TaxGuru.

Cheque Bounce Case: Bail Condition Modified as 80% Compensation Deposit Was Excessive

CA Sandeep Kanoi — Wed, 29 Apr 2026 10:29:03 +0000

The issue involved stringent deposit conditions imposed while granting bail in cheque dishonour cases. The High Court held such conditions excessive and reduced the requirement to 20% of the cheque amount.

The post Cheque Bounce Case: Bail Condition Modified as 80% Compensation Deposit Was Excessive appeared first on TaxGuru.

SC Dismisses Revenue Appeal as Assessment Based on Guesswork Without Proof

CA Sandeep Kanoi — Wed, 29 Apr 2026 10:24:35 +0000

The issue was whether addition based on estimated yield was valid. The SC upheld that without material evidence, such additions are unsustainable and cannot be based on suspicion.

The post SC Dismisses Revenue Appeal as Assessment Based on Guesswork Without Proof appeared first on TaxGuru.

No Addition if Assessment Based on Mere Guesswork & Suspicion: Chhattisgarh HC

CA Sandeep Kanoi — Wed, 29 Apr 2026 10:23:05 +0000

The issue was whether addition based on assumed production yield is valid. The Court held that without supporting evidence, such additions are unsustainable and cannot justify rejection of books.

The post No Addition if Assessment Based on Mere Guesswork & Suspicion: Chhattisgarh HC appeared first on TaxGuru.

Terror Financing Through Organized Crime Networks: A Critical Analysis

Faisal Ali — Wed, 29 Apr 2026 10:11:39 +0000

The analysis highlights how terrorist groups rely on organized crime for funding and logistics. The key takeaway is that this nexus strengthens both entities and complicates enforcement efforts.

The post Terror Financing Through Organized Crime Networks: A Critical Analysis appeared first on TaxGuru.

GST on Coaching Classes Upheld as Taxable Due to Non-Recognition as Educational Institution

editor8 — Wed, 29 Apr 2026 09:54:57 +0000

The ruling held that supplementary coaching services are not exempt since the provider is not an “educational institution.” Such services are taxable at 18% as commercial coaching.

The post GST on Coaching Classes Upheld as Taxable Due to Non-Recognition as Educational Institution appeared first on TaxGuru.

Electric Bus Rentals Taxable at 18% Not 5%: GST AAR Gujarat

CA Sandeep Kanoi — Wed, 29 Apr 2026 09:43:52 +0000

The authority held that electricity is not fuel denying concessional GST rates for electric bus rentals. The key takeaway is that such services fall under the residual entry and attract 18% GST

The post Electric Bus Rentals Taxable at 18% Not 5%: GST AAR Gujarat appeared first on TaxGuru.

Bank Attachment Ends After Final GST Order Under Section 74: SC

CA Sandeep Kanoi — Wed, 29 Apr 2026 08:30:39 +0000

The Supreme Court held that provisional attachment under GST law ceases once a final adjudication order is passed. The key takeaway is that such attachment cannot continue beyond the conclusion of proceedings.

The post Bank Attachment Ends After Final GST Order Under Section 74: SC appeared first on TaxGuru.

No Reassessment on Mere Change of Opinion: SC Dismisses Revenue’s Plea in Marico Case

CA Sandeep Kanoi — Wed, 29 Apr 2026 08:24:50 +0000

Supreme Court in ACIT vs Marico Ltd held that reassessment under Section 148 is invalid where the Assessing Officer had already examined the issue in original assessment proceedings, reaffirming that reopening on a mere change of opinion is without jurisdiction.

The post No Reassessment on Mere Change of Opinion: SC Dismisses Revenue’s Plea in Marico Case appeared first on TaxGuru.

Builder Liable for Profiteering Due to Failure to Pass ITC Benefit Under GST

CA Sandeep Kanoi — Wed, 29 Apr 2026 08:11:25 +0000

The case examines whether additional ITC benefit post-GST was passed to buyers. The Tribunal held that failure to reduce prices amounted to profiteering, requiring refund with interest.

The post Builder Liable for Profiteering Due to Failure to Pass ITC Benefit Under GST appeared first on TaxGuru.

Duplicate DIN Attracts ₹50,000 Penalty Despite Unintentional Error

editor2 — Wed, 29 Apr 2026 08:10:35 +0000

A director was penalized for holding two DINs in violation of statutory provisions. The key takeaway is that even inadvertent non-compliance attracts strict penalties under company law.

The post Duplicate DIN Attracts ₹50,000 Penalty Despite Unintentional Error appeared first on TaxGuru.

Delay in Board Meetings Beyond 120 Days Attracts Penalty Despite Disclosure

editor2 — Wed, 29 Apr 2026 08:10:12 +0000

The company failed to conduct the required number of board meetings and exceeded statutory time gaps. The key takeaway is that strict compliance with board meeting norms is mandatory.

The post Delay in Board Meetings Beyond 120 Days Attracts Penalty Despite Disclosure appeared first on TaxGuru.

Incorrect AOC-4 Filing Leads to Penalty Despite Rectification Request

editor2 — Wed, 29 Apr 2026 08:09:56 +0000

Filing incorrect details in statutory forms attracts penalties even if later corrected. The key takeaway is that rectification does not erase liability for the original default.

The post Incorrect AOC-4 Filing Leads to Penalty Despite Rectification Request appeared first on TaxGuru.

Fractional Ownership Platforms (FOPs) and GST Products, Services, or Neither? A Critical Examination

Mohit Jain — Wed, 29 Apr 2026 08:03:44 +0000

The framework clarifies GST on rental income and management fees but leaves gaps in other areas. The key takeaway is ongoing uncertainty around property transfers and ITC reversal.

The post Fractional Ownership Platforms (FOPs) and GST Products, Services, or Neither? A Critical Examination appeared first on TaxGuru.

Summary of Proposed Companies (Incorporation) Amendment Rules, 2026

CS Renu Adhana — Wed, 29 Apr 2026 08:02:09 +0000

The amendment merges 11 forms into two streamlined frameworks to reduce compliance burden. The key takeaway is faster, simpler company processes with fewer filings.

The post Summary of Proposed Companies (Incorporation) Amendment Rules, 2026 appeared first on TaxGuru.

FSSAI Proposes Plastic-Free Packaging Norms for Pan Masala

editor4 — Wed, 29 Apr 2026 08:00:24 +0000

The notification proposes a strict ban on plastic packaging for pan masala. It mandates eco-friendly alternatives and reinforces existing plastic waste rules to curb environmental and health risks.

The post FSSAI Proposes Plastic-Free Packaging Norms for Pan Masala appeared first on TaxGuru.

No RCM Demand Where Service Provider Paid Tax Under Forward Charge: CESTAT Hyderabad

a2zbimaljain — Wed, 29 Apr 2026 07:57:46 +0000

The Tribunal held that service tax cannot be demanded again under RCM if already paid by the service provider. However, the benefit applies only when full payment is conclusively proven.

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Section 16(2)(c) of CGST Act: Supplier default dilemma

CA KARTHIK SP — Wed, 29 Apr 2026 07:50:20 +0000

Courts ruled that denying ITC due to supplier non-payment is unjust when buyers act in good faith. The key takeaway is that bona fide purchasers must be protected from impossible compliance burdens.

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No ITC Denial Without Verifying Transaction Genuineness: HP HC

YASHPAL — Wed, 29 Apr 2026 07:45:09 +0000

The High Court did not decide the constitutional challenge but directed authorities to reconsider the taxpayer’s objections and documents. The key takeaway is that ITC disputes must be adjudicated after proper evaluation and a reasoned order.

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How Organized Crime Undermines Economic and Internal Security

Shejal Yadav — Wed, 29 Apr 2026 07:30:47 +0000

Organized crime disrupts fair competition by introducing illegal goods and laundering illicit funds. The analysis highlights its damaging impact on financial systems and government revenues.

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Justice Deferred, Freedom Denied: A Critique of Preventive Detention Systems

editor2 — Wed, 29 Apr 2026 07:27:35 +0000

Preventive detention laws allow incarceration without trial based on suspicion, raising serious concerns about violation of personal liberty. The analysis highlights how weak procedural safeguards enable misuse and arbitrary detention.

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TDS Non-Deduction Rules Tightened Due to Data Analytics Monitoring

CA Amresh Vashisht — Wed, 29 Apr 2026 07:17:19 +0000

The case highlights how the new framework enforces stricter compliance using data analytics. It underscores that incorrect declarations can trigger penalties and scrutiny

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ICAI Convocation May – 2026 Dates and Locations

TG Team — Wed, 29 Apr 2026 06:20:40 +0000

ICAI has released the May 2026 convocation schedule for members enrolled between Dec 2025 and Apr 2026. Eligible candidates will receive membership certificates and event details shortly.

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RBI (Commercial Banks Concentration Risk Management) Second Amendment Directions, 2026

Editor — Wed, 29 Apr 2026 04:25:35 +0000

The issue was inconsistent methods for evaluating sovereign risk exposure. RBI mandated use of ECGC country risk classifications for uniform concentration risk management.

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RBI (Commercial Banks Prudential Norms on Capital Adequacy) Third Amendment Directions, 2026

editor3 — Wed, 29 Apr 2026 04:25:11 +0000

RBI amended capital adequacy norms to align with updated provisioning standards. The changes clarify inclusion and exclusion of provisions in Tier 2 capital.

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RBI (Commercial Banks Credit Facilities) Second Amendment Directions, 2026

editor3 — Wed, 29 Apr 2026 04:24:27 +0000

RBI clarified that project finance accounts may be classified as NPAs even before operations begin. The decision promotes early detection of stress based on recovery performance.

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RBI (Commercial Banks Credit Risk Management) – Second Amendment Directions, 2026

editor3 — Wed, 29 Apr 2026 04:23:47 +0000

Banks can temporarily rely on ECGC country classifications until internal systems are developed. The ruling ensures continuity while promoting gradual transition to advanced risk assessment models.

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SEBI Extends Compliance Deadline for Debenture Trustees Due to Operational Challenges

editor4 — Wed, 29 Apr 2026 04:21:17 +0000

The issue was compliance timeline under amended DT regulations. SEBI extended the deadline to October 2026 due to implementation challenges, ensuring smoother transition for trustees.

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IBBI Extends Deadline for Public Comments on Insolvency Reforms to 5 May, 2026

editor2 — Wed, 29 Apr 2026 04:20:40 +0000

IBBI has extended the last date for stakeholder comments on key insolvency discussion papers. The move allows more time for feedback while keeping submission conditions unchanged.

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CA Profession Not Low-Paying, Says ICAI While Rejecting Misreported Salary Data

editor7 — Wed, 29 Apr 2026 04:18:05 +0000

The issue involved a media report alleging low returns and poor salaries for Chartered Accountants. The Institute clarified that the profession offers high demand, strong salaries, and diverse opportunities, correcting the misleading narrative.

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Bombay HC GST Quashed Refund Rejection for Ex Parte Order Without Hearing

CA Sandeep Kanoi — Wed, 29 Apr 2026 04:15:48 +0000

The issue was whether a refund rejection without hearing is valid. The Court held that ex parte orders violating procedure are unsustainable and restored the application for fresh consideration.

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GST Registration Cancellation Set Aside Due to Vague Show Cause Notice

CA Sandeep Kanoi — Wed, 29 Apr 2026 04:12:18 +0000

The issue was whether a vague notice could justify cancellation of GST registration. The Court held that lack of material particulars invalidates the notice and order, leading to restoration of registration.

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Drawback for re-export of duty paid goods supplied by SEZ to DTA

Editor — Wed, 29 Apr 2026 04:09:01 +0000

The issue concerned denial of drawback on re-exported goods supplied from SEZ to DTA. The clarification holds that such supplies qualify as imports, making them eligible for drawback under Section 74.

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Salient Features of Income Tax Act 2025

Editor — Wed, 29 Apr 2026 04:08:04 +0000

The issue was complexity in the existing tax law. It was clarified that the new Act simplifies structure by reducing sections and removing redundancies without changing core policies.

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Wheat Export Still Prohibited But Allowed Due to 25 LMT Relaxation Quota: DGFT

Editor — Wed, 29 Apr 2026 04:05:36 +0000

The notification retains the prohibition on wheat exports but allows a limited relaxation of 25 LMT. The ruling clarifies that exports can proceed only within specified limits and conditions.

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DPIIT Issues Operational Guidelines for ₹10,000 Crore Startup India Fund

editor3 — Wed, 29 Apr 2026 04:04:52 +0000

The issue concerned operationalising a ₹10,000 crore startup fund. It was established that routing investments through AIFs ensures efficient deployment, private capital mobilisation, and improved governance.

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Custom Advance Ruling Application Rejected Due to Wrong Jurisdiction Address

CA Sandeep Kanoi — Wed, 29 Apr 2026 04:02:18 +0000

The Authority declined to hear the case as the applicants address fell outside its jurisdiction. It held that jurisdiction must be determined strictly based on the address provided.

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Interest on GST Refund After Appeal: Legal Position under Section 56 & Judicial Developments

Saqif Muchale — Tue, 28 Apr 2026 14:30:45 +0000

The issue is whether interest on GST refunds should start from a fresh application after appeal. Courts have held that interest must be calculated from the original application date.

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NOC / Tax Clearance Certificate Templates under Section 420 of Income-tax Act, 2025 – Individual & Company (Form No. 156 replacing Form 30C)

jahangeershabnam — Tue, 28 Apr 2026 14:27:45 +0000

The issue is the replacement of Form 30C under the new tax regime. The update introduces Form 156 with revised procedures and compliance requirements. The key takeaway is that taxpayers must follow the new format for NOC applications from 2026 onwards.

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Startup India Seed Fund Scheme (SISFS)

vikashtaxguru — Tue, 28 Apr 2026 14:19:42 +0000

This guide explains who can apply for SISFS and the financial support offered. It highlights that early-stage startups receive funding for proof of concept and commercialization.

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NPS: Latest PFRDA Amendments & Tax Benefit

vijay — Tue, 28 Apr 2026 14:16:45 +0000

The issue is understanding complex NPS rules, tax benefits, and recent updates. The framework clarifies withdrawal flexibility, tax treatment, and eligibility.

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Comparison of TDS/TCS Sections between Income Tax Act 2025 & 1961

AS2014CHH — Tue, 28 Apr 2026 14:09:04 +0000

The issue was the complex and scattered TDS/TCS provisions under the old law. The new Act consolidates multiple sections into a simplified structure, making compliance easier and more transparent. The key takeaway is a streamlined, digital-first framework reducing confusion for taxpayers.

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Comparision of New Income Tax vs Old Income Tax Forms

AS2014CHH — Tue, 28 Apr 2026 14:06:41 +0000

The issue is complexity and duplication in old tax forms. The new system simplifies compliance through consolidation and structured mapping.

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RBI (Commercial Banks – Capital Charge for Credit Risk – Standardised Approach) Directions, 2026

editor7 — Tue, 28 Apr 2026 13:49:35 +0000

The Directions introduce a structured framework for calculating risk-weighted assets under Basel III norms. The ruling ensures improved consistency, transparency, and risk sensitivity in capital adequacy.

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RBI (Commercial Banks – Asset Classification, Provisioning and Income Recognition) Directions, 2026

editor8 — Tue, 28 Apr 2026 13:43:10 +0000

The issue addresses outdated provisioning methods and introduces a forward-looking ECL model. The key takeaway is improved risk recognition and stronger financial resilience in banks.

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