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    August 20, 2026   Case Laws GST
    Uncomputed GST liability for transporter supports regular bail in alleged clandestine goods transportation without invoices and e-way bills.
    August 20, 2026   Case Laws GST
    Classification of Psyllium seeds as dried goods denies fresh-produce exemption and results in GST liability.
    August 20, 2026   Case Laws Income Tax
    Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge...
    August 20, 2026   Case Laws Income Tax
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    August 20, 2026   Case Laws Income Tax
    Transfer-pricing method selection remains factual where TNMM is rule-compliant, leaving no substantial question of law for review.
    August 20, 2026   Case Laws Income Tax
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    August 20, 2026   Case Laws Income Tax
    Depreciation on acquired brand-name and distribution rights is allowable as business or commercial intangible assets under Section 32.
    August 20, 2026   Case Laws Income Tax
    Ind AS and ICDS tax computation principles prevent taxation of notional income and unsupported double disallowances.
    August 20, 2026   Case Laws Income Tax
    Capital gains on transferable development rights apply where surrendered land provides an ascertainable acquisition cost for the rights.
    August 20, 2026   Case Laws Income Tax
    Dividend distribution tax treaty-rate claims await Supreme Court guidance before fresh adjudication of India-Netherlands DTAA applicability.
    August 20, 2026   Case Laws Income Tax
    Reasoned adjudication of reassessment jurisdictional objections must precede merits review where foundational defects may invalidate the reassessment.
    August 20, 2026   Case Laws Income Tax
    Concessional corporate tax rate applies despite an incorrect return provision reference where turnover eligibility is otherwise satisfied.
    August 20, 2026   Case Laws Income Tax
    Faceless reassessment jurisdiction remains valid, while ex parte additions require fresh appellate review where natural justice demands hearing.
    August 20, 2026   Case Laws Income Tax
    Co-operative deduction eligibility excludes refund and commercial-bank interest, while qualifying co-operative investments require entity-wise verific...
    August 20, 2026   Case Laws Income Tax
    Enhanced tax rate on surrendered unexplained income applies prospectively, while cash-deposit telescoping requires verification of available surrender...
    August 20, 2026   Case Laws Income Tax
    Bad-debt deductions for written-off commodity receivables were allowed, while windmill-profit expense allocation required fresh factual examination.
    August 20, 2026   Case Laws Income Tax
    Foreign-leg travel reimbursement: binding interim restraint prevented retrospective employer default and eliminated consequential tax-deduction penalt...
    August 20, 2026   Case Laws Income Tax
    Rejection of unreliable liquor-trade books justified profit estimation and separate taxation of omitted advertisement-display business receipts.
    August 20, 2026   Case Laws Income Tax
    Specific penalty charges under section 270A are mandatory; vague notices for under-reporting or misreporting cannot sustain penalties.
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August 20, 2026   Case Laws GST
Uncomputed GST liability for transporter supports regular bail in alleged clandestine goods transportation without invoices and e-way bills.
August 20, 2026   Case Laws GST
Classification of Psyllium seeds as dried goods denies fresh-produce exemption and results in GST liability.
August 20, 2026   Case Laws Income Tax
Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge.
August 20, 2026   Case Laws Income Tax
Sufficient cause for departmental delay justified condonation and enabled the Revenue's income-tax appeal to proceed for admission.
August 20, 2026   Case Laws Income Tax
Transfer-pricing method selection remains factual where TNMM is rule-compliant, leaving no substantial question of law for review.
August 20, 2026   Case Laws Income Tax
Reopening after four years fails where audit objections merely trigger re-examination of records already assessed without fresh tangible material.
August 20, 2026   Case Laws Income Tax
TDS credit for actual deduction cannot be denied solely because the deductor failed to deposit or report tax.
August 20, 2026   Case Laws Income Tax
Depreciation on acquired brand-name and distribution rights is allowable as business or commercial intangible assets under Section 32.
August 20, 2026   Case Laws Income Tax
Ind AS and ICDS tax computation principles prevent taxation of notional income and unsupported double disallowances.
August 20, 2026   Case Laws Income Tax
Capital gains on transferable development rights apply where surrendered land provides an ascertainable acquisition cost for the rights.
August 20, 2026   Case Laws Income Tax
Dividend distribution tax treaty-rate claims await Supreme Court guidance before fresh adjudication of India-Netherlands DTAA applicability.
August 20, 2026   Case Laws Income Tax
Reasoned adjudication of reassessment jurisdictional objections must precede merits review where foundational defects may invalidate the reassessment.
August 20, 2026   Case Laws Income Tax
Concessional corporate tax rate applies despite an incorrect return provision reference where turnover eligibility is otherwise satisfied.
August 20, 2026   Case Laws Income Tax
Faceless reassessment jurisdiction remains valid, while ex parte additions require fresh appellate review where natural justice demands hearing.
August 20, 2026   Case Laws Income Tax
Co-operative deduction eligibility excludes refund and commercial-bank interest, while qualifying co-operative investments require entity-wise verification.
August 20, 2026   Case Laws Income Tax
Enhanced tax rate on surrendered unexplained income applies prospectively, while cash-deposit telescoping requires verification of available surrendered cash.
August 20, 2026   Case Laws Income Tax
Bad-debt deductions for written-off commodity receivables were allowed, while windmill-profit expense allocation required fresh factual examination.
August 20, 2026   Case Laws Income Tax
Foreign-leg travel reimbursement: binding interim restraint prevented retrospective employer default and eliminated consequential tax-deduction penalty.
August 20, 2026   Case Laws Income Tax
Rejection of unreliable liquor-trade books justified profit estimation and separate taxation of omitted advertisement-display business receipts.
August 20, 2026   Case Laws Income Tax
Specific penalty charges under section 270A are mandatory; vague notices for under-reporting or misreporting cannot sustain penalties.

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

Default in payment of service tax - Prosecution proceedings...

Director's Prosecution for Service Tax Default Quashed; Court Rejects Assumptions Beyond Legislative Intent.

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Service Tax November 29, 2023 Case Laws HC
Default in payment of service tax - Prosecution proceedings against the director of the company - offence punishable u/s 89 of Finance Act, 1994 r.w.s. 9 and 9AA of Central excise Act - Period covered is 2011-12 to 2015-16 - Prosecution launched in 2018 - If the Legislature itself thought of clarifying the position of law, it would not be appropriate for the Court to assume that something else and then to go on to punish the person for criminal offences - Proceedings quashed - HC
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Acts Income Tax
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