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    September 25, 2026   Case Laws GST
    Expansion of show cause notice at appellate stage requires a chance to respond before refund rejection is reconsidered.
    September 25, 2026   Case Laws GST
    Opportunity of hearing in GST first appeals requires restoration where dismissal for default followed inadequate hearing intimation.
    September 25, 2026   Case Laws GST
    Net ITC treatment protects zero-rated supply refunds from unrelated earlier-period compensation cess reversals under the statutory formula.
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    September 25, 2026   Case Laws GST
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    September 25, 2026   Case Laws Income Tax
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    September 25, 2026   Case Laws Income Tax
    Reassessment jurisdiction and faceless assessment disputes remain open to renewed challenges under the amended statutory framework.
    September 25, 2026   Case Laws Income Tax
    Interest on TDS-demand refunds remains payable under the pre-existing refund provision despite a later statutory insertion.
    September 25, 2026   Case Laws Income Tax
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    September 25, 2026   Case Laws Income Tax
    Unabated section 153A assessments require search-derived incriminating material; absent that, additions cannot stand and related penalties fail.
    September 25, 2026   Case Laws Income Tax
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    September 25, 2026   Case Laws Income Tax
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September 25, 2026   Case Laws GST
Expansion of show cause notice at appellate stage requires a chance to respond before refund rejection is reconsidered.
September 25, 2026   Case Laws GST
Opportunity of hearing in GST first appeals requires restoration where dismissal for default followed inadequate hearing intimation.
September 25, 2026   Case Laws GST
Net ITC treatment protects zero-rated supply refunds from unrelated earlier-period compensation cess reversals under the statutory formula.
September 25, 2026   Case Laws GST
Net ITC under the statutory refund formula excludes prior-period reversals, preserving refund of unutilised cess credit.
September 25, 2026   Case Laws GST
Net ITC computation excludes reversals of earlier-period credit unrelated to the refund period under the statutory formula.
September 25, 2026   Case Laws GST
Statutory appellate-admission discretion permits refusal where the penalty falls within the prescribed monetary threshold for discretionary admission.
September 25, 2026   Case Laws GST
Procedural defect non-compliance can lead to appeal rejection after repeated opportunities to cure filing defects remain unused.
September 25, 2026   Case Laws GST
Agricultural warehousing exemption does not cover separately rented godowns; rent remains taxable, with reverse charge for unregistered lessors.
September 25, 2026   Case Laws GST
GST taxability of domestic aircraft supplies confirms taxable ex-works transfers require registration in the supplying State.
September 25, 2026   Case Laws GST
Advance-ruling admission bar requires threshold rejection where the same supply-characterisation question is already pending or decided.
September 25, 2026   Case Laws GST
Mineral extraction rights granted by government make royalty licensing-service consideration, with permit holders bearing reverse-charge GST.
September 25, 2026   Case Laws GST
Government water works contract GST concession applied before its withdrawal, while contractual tax reimbursement claims lay outside advance-ruling scope.
September 25, 2026   Case Laws Income Tax
Penalty immunity hearings require meaningful opportunity before rejection, requiring fresh consideration where next-day notice prevents substantiation of claims.
September 25, 2026   Case Laws Income Tax
Reassessment jurisdiction and faceless assessment disputes remain open to renewed challenges under the amended statutory framework.
September 25, 2026   Case Laws Income Tax
Interest on TDS-demand refunds remains payable under the pre-existing refund provision despite a later statutory insertion.
September 25, 2026   Case Laws Income Tax
Upper turnover filters can exclude high-scale software comparables where size, intangibles and market power impair transfer-pricing comparability.
September 25, 2026   Case Laws Income Tax
Unabated section 153A assessments require search-derived incriminating material; absent that, additions cannot stand and related penalties fail.
September 25, 2026   Case Laws Income Tax
AMP expenditure characterisation blocks transfer-pricing adjustment where no international transaction exists, sustaining deletion of the adjustment.
September 25, 2026   Case Laws Income Tax
Stamp valuation increases after registration-fee payment led to deletion of property-purchase addition within tolerance and without valuation referral.
September 25, 2026   Case Laws Income Tax
Recurring advertising expenditure remains revenue in nature where it creates no capital asset or enduring benefit.

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Home › Highlights › Central Excise › 2018 › October, 2018 › This
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Central Excise

Penalty u/r 25 or 26 of CER - Mentioning wrong rule number - The...

Appellate authority misinterprets Rule 25 as typographical error; original order clearly intended penalty u/r 25.

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Central Excise October 11, 2018 Case Laws AT
Penalty u/r 25 or 26 of CER - Mentioning wrong rule number - The first appellate authority was not correct in holding that mentioning Rule 25 was a typographical error and the intention was to impose penalty under Rule 26, because in the Order-in-Original, the lower authority has discussed as to why penalty is liable to be imposed under rule 25
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