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    July 8, 2026   Case Laws Income Tax
    Public charitable trust taxation: absence of beneficiary shares does not justify maximum marginal rate; normal AOP rates apply.
    July 8, 2026   Case Laws Income Tax
    Borrowed satisfaction and penny stock additions failed where share transactions were documented and no assessee-specific material existed
    July 8, 2026   Case Laws Income Tax
    Share premium taxation turns on receipt year and excess over fair market value, with DCF valuation accepted.
    July 8, 2026   Case Laws Customs
    Customs penalty moderation and official-capacity liability upheld where officer conduct was treated as factual, not legal, error.
    July 8, 2026   Case Laws Customs
    Royalty includibility in customs valuation rejected where royalty was not a condition of sale of imported goods.
    July 8, 2026   Case Laws Customs
    Retracted statements and unreliable panchnama evidence cannot sustain export diversion allegations when cross-examination is denied
    July 8, 2026   Case Laws Customs
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    July 8, 2026   Case Laws Customs
    Limitation after initial seizure, lack of reason to believe, and failure of Section 123 defeated confiscation of gold.
    July 8, 2026   Case Laws Customs
    EPCG exemption for second-hand textile machinery upheld; no vintage restriction could be read into the notification.
    July 8, 2026   Case Laws IBC
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    July 8, 2026   Case Laws Money Laundering
    Custodial assault allegations during summons proceedings fail where no contemporaneous proof links injuries to alleged coercion
    July 8, 2026   Case Laws Money Laundering
    PMLA provisional attachment fails without reason to believe; tribunal release order upheld on identical facts.
    July 8, 2026   Case Laws Service Tax
    Limitation and suppression rules bar tax demand where intent to evade is unproven; electricity reimbursements are not service value.
    July 8, 2026   Case Laws Service Tax
    Exemption for non-air-conditioned restaurant services survives where the establishment's air-conditioned section is separately identifiable and taxabl...
    July 8, 2026   Case Laws Service Tax
    Works contract exemptions, limitation and reverse charge relief drive setting aside of service tax demands
    July 8, 2026   Case Laws VAT / Sales Tax
    Statutory first charge prevails over SARFAESI priority, and CST dues may be recovered through State machinery.
    July 8, 2026   Case Laws VAT / Sales Tax
    Exemption for soya flour denied as it fell outside cereal and pulse flour categories
    July 8, 2026   Case Laws VAT / Sales Tax
    Common parlance test classifies embossed gold coins as articles of gold, not bullion for sales tax
    July 8, 2026   Case Laws Indian Laws
    Cheque after company dissolution cannot sustain Section 138 complaint; former director also escapes vicarious liability
    July 7, 2026   Case Laws GST
    Garnishee recovery against a partner's bank account can stand for crystallised partnership tax dues, not provisional attachment
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July 8, 2026   Case Laws Income Tax
Public charitable trust taxation: absence of beneficiary shares does not justify maximum marginal rate; normal AOP rates apply.
July 8, 2026   Case Laws Income Tax
Borrowed satisfaction and penny stock additions failed where share transactions were documented and no assessee-specific material existed
July 8, 2026   Case Laws Income Tax
Share premium taxation turns on receipt year and excess over fair market value, with DCF valuation accepted.
July 8, 2026   Case Laws Customs
Customs penalty moderation and official-capacity liability upheld where officer conduct was treated as factual, not legal, error.
July 8, 2026   Case Laws Customs
Royalty includibility in customs valuation rejected where royalty was not a condition of sale of imported goods.
July 8, 2026   Case Laws Customs
Retracted statements and unreliable panchnama evidence cannot sustain export diversion allegations when cross-examination is denied
July 8, 2026   Case Laws Customs
Secure transit breach alone cannot sustain penalty for abetment without evidence of knowledge or collusion.
July 8, 2026   Case Laws Customs
Limitation after initial seizure, lack of reason to believe, and failure of Section 123 defeated confiscation of gold.
July 8, 2026   Case Laws Customs
EPCG exemption for second-hand textile machinery upheld; no vintage restriction could be read into the notification.
July 8, 2026   Case Laws IBC
Insolvency claims without decree: official assignee must verify proof, and pending suits stay with the forum.
July 8, 2026   Case Laws Money Laundering
Custodial assault allegations during summons proceedings fail where no contemporaneous proof links injuries to alleged coercion
July 8, 2026   Case Laws Money Laundering
PMLA provisional attachment fails without reason to believe; tribunal release order upheld on identical facts.
July 8, 2026   Case Laws Service Tax
Limitation and suppression rules bar tax demand where intent to evade is unproven; electricity reimbursements are not service value.
July 8, 2026   Case Laws Service Tax
Exemption for non-air-conditioned restaurant services survives where the establishment's air-conditioned section is separately identifiable and taxable.
July 8, 2026   Case Laws Service Tax
Works contract exemptions, limitation and reverse charge relief drive setting aside of service tax demands
July 8, 2026   Case Laws VAT / Sales Tax
Statutory first charge prevails over SARFAESI priority, and CST dues may be recovered through State machinery.
July 8, 2026   Case Laws VAT / Sales Tax
Exemption for soya flour denied as it fell outside cereal and pulse flour categories
July 8, 2026   Case Laws VAT / Sales Tax
Common parlance test classifies embossed gold coins as articles of gold, not bullion for sales tax
July 8, 2026   Case Laws Indian Laws
Cheque after company dissolution cannot sustain Section 138 complaint; former director also escapes vicarious liability
July 7, 2026   Case Laws GST
Garnishee recovery against a partner's bank account can stand for crystallised partnership tax dues, not provisional attachment

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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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