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    August 4, 2026   Case Laws GST
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August 4, 2026   Case Laws GST
Portal-only upload is not valid service, so ex parte proceedings require restoration and appellate limitation remains untriggered.
August 4, 2026   Case Laws GST
Input tax credit pass-through in ongoing housing projects covers all eligible buyers, with recipient-specific refunds and interest payable.
August 4, 2026   Case Laws GST
Prospective pre-deposit requirement cannot restrict admission of penalty-only GST appeals arising before the proviso took effect.
August 4, 2026   Case Laws Income Tax
Co-operative investment income and balance additional depreciation claims succeeded, with milk cans recognised as eligible plant and machinery.
August 4, 2026   Case Laws Income Tax
Bogus purchase disallowance limited to embedded profit where sales and books remain accepted; reassessment procedure upheld.
August 4, 2026   Case Laws Income Tax
Business expenditure deduction requires proof of genuine commission payments and commercial allowability; turnover growth alone cannot validate the claim.
August 4, 2026   Case Laws Income Tax
Sole testamentary trusts fall outside maximum marginal rate taxation despite assessment as an association of persons.
August 4, 2026   Case Laws Income Tax
TDS on agricultural land transfers cannot arise through enhanced PAN-based rates where the primary deduction provision is inapplicable.
August 4, 2026   Case Laws Income Tax
Diamond grading reports do not make available technical know-how, so non-resident certification payments may fall outside withholding tax.
August 4, 2026   Case Laws Income Tax
Goodwill from slump sales remains depreciable where newly created, while non-compete fees cannot support depreciation claims.
August 4, 2026   Case Laws Income Tax
Article 8 treaty coverage excluded third-party airline support services, while documented demonetisation cash receipts remained accepted business income.
August 4, 2026   Case Laws Income Tax
Documented funding sources and pending valuation reference defeat unexplained investment and stamp-duty differential additions for property purchases.
August 4, 2026   Case Laws Income Tax
Functional comparability under TNMM requires highway contract benchmarks to reflect operation, maintenance and transfer activities, requiring fresh benchmarking.
August 4, 2026   Case Laws Income Tax
Carry-forward of losses remains available to educational trusts assessed as Associations of Persons despite absent charitable registration.
August 4, 2026   Case Laws Income Tax
Unexercised stock option repurchase constitutes transfer of a capital asset and is taxable as long-term capital gains.
August 4, 2026   Case Laws Income Tax
Permanent establishment taxation addresses head-office interest, arm's length guarantees, capital hedges, refund interest, and treaty tax ceilings.
August 4, 2026   Case Laws Income Tax
Satellite transponder services are not royalty where customers receive communications without rights to use equipment or processes.
August 4, 2026   Case Laws Income Tax
Competent authority approval after three years is jurisdictional; reassessment based on invalid sanction is void from inception.
August 4, 2026   Case Laws Customs
Customs valuation and anti-dumping duty disputes must be appealed to the Supreme Court, not the High Court.
August 4, 2026   Case Laws Customs
Customs Broker due diligence requires evidence of knowledge or collusion before liability for an importer's misdeclaration arises.

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Home › Highlights › Central Excise › 2023 › February, 2023 › This
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Central Excise

Cash refund against the accumulated and unutilized Cenvat credit...

Appellant Wins Cash Refund for Unused Cenvat Credit on Education and Higher Education Cess; Denial Unjustified.

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Central Excise February 8, 2023 Case Laws AT
Cash refund against the accumulated and unutilized Cenvat credit - From the Rule, under clause (vi) and (via), the credit of Education Cess and Secondary and Higher Education Cess is clearly allowed. Therefore, the appellant is legally entitled for Cenvat of Education Cess and Secondary and Higher Education Cess. Hence, on this count refund cannot be denied. - AT
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Acts Income Tax
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