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September 17, 2026   Case Laws Income Tax
Proof of cash receipt is essential before imposing penalties for alleged violations of cash-transaction restrictions.
September 17, 2026   Case Laws Income Tax
Foreign-contribution disclosure mismatches require substantive reconciliation, preventing automatic treatment of separately reported interest income as undisclosed income.
September 17, 2026   Case Laws Income Tax
Business expenditure after branch transfer requires verification of retained assets and related legal expenses before deductibility is determined.
September 17, 2026   Case Laws Income Tax
Enhanced taxation under section 115BBE applies to surrendered excess stock and cash where the amended provision was already operative.
September 17, 2026   Case Laws Benami Property
Statutory sequence for benami attachment invalidates approval obtained before notice to the alleged benamidar, requiring fresh action under law.
September 17, 2026   Case Laws Customs
Writ jurisdiction over customs prohibition claims survives alternative remedies where statutory basis and objective legal standards are disputed.
September 17, 2026   Case Laws Customs
Statutory limits on provisional attachment require bank accounts to be defrozen when the permitted attachment period expires.
September 17, 2026   Case Laws Customs
Transitional protection for restricted gold imports can cover genuine prepaid contracts despite absence of irrevocable commercial letters of credit.
September 17, 2026   Case Laws Customs
Reasonable belief for gold seizure governs statutory burden, confiscation, and penalties where smuggling lacks evidentiary support.
September 17, 2026   Case Laws Customs
Strict construction of customs exemptions denied concession for brake components, while limitation restricted differential duty to timely Bills of Entry.
September 17, 2026   Case Laws IBC
Way Leave Permissions cannot be retrospectively revived through insolvency plans, and affected infrastructure holders require safety review and hearing.
September 17, 2026   Case Laws IBC
Interim insolvency moratorium does not halt cheque-dishonour prosecution, preserving negotiable instrument credibility and commercial discipline.
September 17, 2026   Case Laws IBC
IBC appeal limitation permits only a narrowly condonable delay, rendering belated challenges to CIRP revival not maintainable.
September 17, 2026   Case Laws Money Laundering
Discharge-stage scrutiny requires strong suspicion, not trial-level evidence, where records and statements link accused to money-laundering.
September 17, 2026   Case Laws Service Tax
Recipient-funded renovations lack nexus with renting service and cannot increase taxable rental consideration or support penalties.
September 16, 2026   Articles GST
GST enforcement must respect statutory conditions, protect genuine input tax credit claims, and distinguish bona fide errors from fraud.
September 16, 2026   Notifications DGFT
Low-value export registration exemption removes RCMC requirements for eligible consignments while higher-value exports remain subject to registration.
September 16, 2026   Notifications Customs
Anti-dumping duty on Calcined Gypsum Powder imports remains effective through 16 March 2027 unless earlier changed.
September 16, 2026   Circulars Customs
Inter-terminal container movement requires customs escort, permit reconciliation, and indemnity, while delayed DPD cargo may move to designated CFS yards.
September 16, 2026   Notes GST
Extended GST limitation requires prima facie material linking tax shortfall to fraud, wilful misstatement, or suppression.

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Home › Highlights › Service Tax › 2018 › May, 2018 › This
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Service Tax

Refund of service tax claimed by the recipient of services...

Flat Buyer Wins Service Tax Refund Based on Precedent in Suresh Kumar Bansal Case; Judgment Applies Broadly to All Buyers.

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Service Tax May 13, 2018 Case Laws AT
Refund of service tax claimed by the recipient of services (buyer of flat instead of builder) - Composite contract in relation to construction of complex - Claiming of the benefit of the judgment, in the caes of Suresh Kumar Bansal [2016 (6) TMI 192 - DELHI HIGH COURT], cannot be denied to the appellant as the same was rendered “in rem” and not “in personem”. - AT
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