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October 21, 2026   Case Laws GST
Compensation Cess ITC refunds require meeting the inverted-duty statutory test; eligible credit alone does not create cash-refund entitlement.
October 21, 2026   Case Laws Customs
Customs sampling powers over imported food coexist with food-safety controls, while testing disputes belong in statutory adjudication.
October 21, 2026   Case Laws GST
Delayed transport documents failed to validate intercepted goods, sustaining transit-state penalties where the claimed interstate destination remained unproved.
October 21, 2026   Case Laws GST
Inverted tax refunds require independent statutory entitlement; eligible Compensation Cess credit alone does not justify cash refunds for domestic supplies.
October 21, 2026   Case Laws GST
Compensation Cess refund for domestic supplies requires statutory refund eligibility; credit availment alone does not create entitlement.
October 21, 2026   Case Laws GST
E-way bill expiry triggers GST civil penalty without proof of tax-evasion intent where vehicle breakdown lacks credible evidence.
October 21, 2026   Case Laws GST
Road-restoration charges form taxable consideration when restoration is requested for a business pipeline project under reverse charge.
October 21, 2026   Case Laws Income Tax
Refund adjustment against disputed penalty demands remains limited during first appeal, requiring reversal of excess recovery.
October 21, 2026   Case Laws Income Tax
Revisional limitation: an unrelated reassessment cannot extend time to revise an unexamined book-profit adjustment thereafter.
October 21, 2026   Case Laws Income Tax
Functional comparability under TNMM excludes software product and intangible-owning companies from software development service provider benchmarking.
October 21, 2026   Case Laws Income Tax
Recovery pending first appeal is capped at the CBDT stay threshold; excess refund adjustment requires repayment.
October 21, 2026   Case Laws Income Tax
Year-specific reassessment information cannot justify reopening when the underlying land-sale transaction belongs to the succeeding assessment year.
October 21, 2026   Case Laws Income Tax
Income Declaration Scheme eligibility may depend on verifying timely cheque tender and subsequent departmental credit under the applicable circular.
October 21, 2026   Case Laws Income Tax
Sufficient Cause for Delay Requires a Pleaded Explanation; Unexplained Inaction Leaves Revenue Appeal Time-Barred Under Limitation Law
October 21, 2026   Case Laws Income Tax
Angadia cash-transit receipts are taxable only to the extent of embedded commission, rather than as unexplained principal funds.
October 21, 2026   Case Laws Income Tax
Reassessment on Borrowed Satisfaction Fails When Recorded Share Transactions Were Already Examined and Accepted in Scrutiny
October 21, 2026   Case Laws Income Tax
Leasehold land rights under Section 56(2)(x): purchase excluded from income-tax additions on the facts presented.
October 21, 2026   Case Laws Income Tax
Revision jurisdiction cannot create a fresh foundation for independent cash-transaction penalty proceedings after a completed assessment.
October 21, 2026   Case Laws Income Tax
Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier assessment years.
October 21, 2026   Case Laws Income Tax
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available.

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Home › Highlights › VAT and Sales Tax › 2016 › October, 2016 › This
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VAT and Sales Tax

Principles of natural justice - levy of penalty - the inherent...

Penalty Order Invalid Due to Natural Justice Violation in VAT and Sales Tax Case; Legal Scrutiny Highlights Flaws.

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VAT and Sales Tax October 17, 2016 Case Laws HC
Principles of natural justice - levy of penalty - the inherent defect, which has crept in the order, affects its very validity. The violation of the principles of natural justice is writ large on the face of the impugned order, which is sufficient to hold that the same is not sustainable. - HC
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