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    July 31, 2026   Case LawsIncome Tax
    Prompt Vivad Se Vishwas refunds remain required despite exclusion of statutory refund interest and processing constraints.
    July 31, 2026   Case LawsIncome Tax
    Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
    July 31, 2026   Case LawsIncome Tax
    Interim release of seized cash preserved pending tax and title determination, with safeguards preventing prejudice to the claimant.
    July 31, 2026   Case LawsIncome Tax
    Late Form 10B filing preserves charitable-trust exemption where the audit report is available before return processing.
    July 31, 2026   Case LawsIncome Tax
    Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
    July 31, 2026   Case LawsIncome Tax
    Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
    July 31, 2026   Case LawsIncome Tax
    Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
    July 31, 2026   Case LawsIncome Tax
    Tax-transparent partnership treaty entitlement is assessed partner by partner, while legal-service receipts are not technical-service fees.
    July 31, 2026   Case LawsIncome Tax
    Rural agricultural land exclusion shields enhanced acquisition compensation and section 28 interest when the land is not a capital asset.
    July 31, 2026   Case LawsIncome Tax
    Trust character follows dominant objects and activities, supporting charitable registration and approval despite incidental religious expenditure.
    July 31, 2026   Case LawsIncome Tax
    Scrutiny notice format defects are curable where statutory requirements are met and the taxpayer suffers no prejudice.
    July 31, 2026   Case LawsIncome Tax
    Protective additions for alleged commission receipts fail when corresponding substantive additions are deleted and no supporting evidence exists.
    July 31, 2026   Case LawsIncome Tax
    Unified peak credit prevents separate taxation of rotating unaccounted cash reflected in common seized group cash books.
    July 31, 2026   Case LawsCustoms
    Special vehicles confined to enclosed premises fall outside motor vehicle regulation where they are not adapted for road use.
    July 31, 2026   Case LawsCustoms
    Customs valuation disputes must be appealed to the Supreme Court, leaving the High Court without appellate jurisdiction.
    July 31, 2026   Case LawsFEMA
    Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
    July 31, 2026   Case LawsMoney Laundering
    Writ maintainability despite alternative remedies permits scrutiny of arbitrary money-laundering initiation, but account-freezing relief requires prim...
    July 31, 2026   Case LawsMoney Laundering
    Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
    July 31, 2026   Case LawsCentral Excise
    Personal liberty in economic-offence bail requires compelling custody justification; bail granted where the triple test was unmet.
    July 31, 2026   Case LawsCentral Excise
    Nicotine Sulphate classification as a vegetable alkaloid defeated reclassification, extended limitation, and unsupported related-party valuation claim...
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    July 31, 2026   Case Laws Income Tax
    Prompt Vivad Se Vishwas refunds remain required despite exclusion of statutory refund interest and processing constraints.
    July 31, 2026   Case Laws Income Tax
    Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy.
    July 31, 2026   Case Laws Income Tax
    Interim release of seized cash preserved pending tax and title determination, with safeguards preventing prejudice to the claimant.
    July 31, 2026   Case Laws Income Tax
    Late Form 10B filing preserves charitable-trust exemption where the audit report is available before return processing.
    July 31, 2026   Case Laws Income Tax
    Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qualify.
    July 31, 2026   Case Laws Income Tax
    Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional claims remain permissible.
    July 31, 2026   Case Laws Income Tax
    Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent establishment.
    July 31, 2026   Case Laws Income Tax
    Tax-transparent partnership treaty entitlement is assessed partner by partner, while legal-service receipts are not technical-service fees.
    July 31, 2026   Case Laws Income Tax
    Rural agricultural land exclusion shields enhanced acquisition compensation and section 28 interest when the land is not a capital asset.
    July 31, 2026   Case Laws Income Tax
    Trust character follows dominant objects and activities, supporting charitable registration and approval despite incidental religious expenditure.
    July 31, 2026   Case Laws Income Tax
    Scrutiny notice format defects are curable where statutory requirements are met and the taxpayer suffers no prejudice.
    July 31, 2026   Case Laws Income Tax
    Protective additions for alleged commission receipts fail when corresponding substantive additions are deleted and no supporting evidence exists.
    July 31, 2026   Case Laws Income Tax
    Unified peak credit prevents separate taxation of rotating unaccounted cash reflected in common seized group cash books.
    July 31, 2026   Case Laws Customs
    Special vehicles confined to enclosed premises fall outside motor vehicle regulation where they are not adapted for road use.
    July 31, 2026   Case Laws Customs
    Customs valuation disputes must be appealed to the Supreme Court, leaving the High Court without appellate jurisdiction.
    July 31, 2026   Case Laws FEMA
    Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained breaches.
    July 31, 2026   Case Laws Money Laundering
    Writ maintainability despite alternative remedies permits scrutiny of arbitrary money-laundering initiation, but account-freezing relief requires prima facie justification.
    July 31, 2026   Case Laws Money Laundering
    Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed dues.
    July 31, 2026   Case Laws Central Excise
    Personal liberty in economic-offence bail requires compelling custody justification; bail granted where the triple test was unmet.
    July 31, 2026   Case Laws Central Excise
    Nicotine Sulphate classification as a vegetable alkaloid defeated reclassification, extended limitation, and unsupported related-party valuation claims.

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      Home› Highlights › Service Tax › 2023 › June, 2023 › This
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      Service Tax

      Jurisdiction of Commissioner (Appeals) to issue fresh Show Cause...

      Commissioner (Appeals) Cannot Issue New Show Cause Notices or Raise New Demands u/s 85(4) of Finance Act.

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      Service TaxJune 8, 2023Case LawsAT
      Jurisdiction of Commissioner (Appeals) to issue fresh Show Cause Noice (SCN) or to raise demand on new ground - The power to issue a notice is specifically provided for in section 73(1) of the Finance Act. Once it is specifically so provided, it cannot be urged that this power to issue the notice would also be available under sub-section (4) of section 85 of the Finance Act to a Commissioner (Appeals) when he is hearing an appeal, merely because of the use of the expression 'pass such orders, as he thinks fit'. - AT
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