CESTAT Hyderabad Remands Iron Ore Export Valuation Dispute After AO Ignored Contract Addendum

The Hyderabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on 2 April, held that the assessing authority must consider contractual modifications and supporting documents while finalizing export valuation and refund claims. A Division Bench comprising Technical Member A.K. Jyotishi and Judicial Member Angad Prasad set aside the order of the Commissioner (Appeals) and remanded the matter for fresh assessment, observing that it had failed to appreciate modifications to...

Delhi High Court Quashes ₹26.72 Crore GST Demand After Taxpayer Given Less Than One Working Day To Respond

The Delhi High Court has set aside a GST demand order of Rs 26.7 crore against a company engaged in the business of trading and export of branded mobile phones, holding that it was denied a meaningful opportunity of hearing by the tax authorities.A division bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul observed that the timeline granted to the petitioner to respond to the Department's queries and to appear for a personal hearing was inadequate and violative of principles of natural...

LiveLawBiz Direct Tax Weekly Round-Up: March 30 - April 05, 2026

SUPREME COURTSupreme Court Refuses To Interfere With Bombay HC Order Quashing IT Assessments Against Merged Reliance EntitiesCase Title : Deputy Commissioner of Income Tax v. Reliance Industries Limited Case Number : Diary No(s). 4339/2026 CITATION : 2026 LLBiz SC 141The Supreme Court on Wednesday refused to interfere with a Bombay High Court ruling that had quashed income tax assessments issued in the names of Reliance Polyethylene Ltd. and Reliance Polypropylene Ltd. even after their merger...

CESTAT Hyderabad Sets Aside Penalty Against Biofuels Company As Service Tax Paid Before SCN

The Customs, Excise and Service Tax Appellate Tribunal at Hyderabad has recently set aside penalties imposed on Universal Biofuels Pvt. Ltd., holding that the tax department should not have issued a show cause notice after the company had already paid the full service tax with interest. A coram of Technical Member A.K. Jyotishi and Judicial Member Angad Prasad observed, “In view of the factual matrix of this appeal, we find that in this case, in the first place, the SCN itself should not have...

LiveLawBiz Indirect Tax Quarterly Digest: January - March, 2026

SUPREME COURTSupreme Court Refuses To Entertain Ola Parent ANI's Plea Against Delayed Service Tax OrderCase Title : ANI TECHNOLOGIES PRIVATE LIMITED VS THE UNION OF INDIA & ANR. Case Number : SLP(C) NO. 3185/2026 CITATION : 2026 LLBiz SC 33The Supreme Court of India has declined to interfere with a Bombay High Court order directing ANI Technologies Private Limited, the parent company of Ola Cabs, to pursue a statutory appeal against a service tax demand. A Bench of the Chief Justice of...

Persistent Loss Should Be Continuous Over 3 Years: ITAT Delhi Orders Rework Of TP Addition For Keysight

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has partly allowed the taxpayer's appeal, holding that companies cannot be excluded as comparables merely for incurring losses in two out of three years and that foreign exchange fluctuations arising from business transactions must be treated as operating in nature. A coram comprising Judicial Member Yogesh Kumar U.S. and Accountant Member Manish Agarwal held that “persistent loss filter can be applied only if there is loss in...

Himachal Pradesh High Court Quashes Distillery Licence Cancellation Over Lack Of Independent Application of Mind

The Himachal Pradesh High Court set aside the cancellation of distillery licences, holding that the decision was influenced by an unauthorised recommendation and lacked independent application of mind. It permitted fresh adjudication by the competent authority. Justice Jyotsna Rewal Dua was dealing with a writ petition filed by a distillery licensee (Tiloksons Brewery & Distillery) challenging cancellation of its licences in Forms D-2 and L-11 under the Himachal Pradesh Excise Act, 2011.The...

Unspent Accumulation Taxable After 5 Years For Charitable Trusts: ITAT Ahmedabad

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) on 1 April held that income accumulated by a charitable entity but not utilised within the permitted five-year period becomes taxable, and claiming exemption again on such amount amounts to double deduction. A Bench comprising Judicial Member Sanjay Garg and Accountant Member Annapurna Gupta, allowed the Revenue's appeal and restored the addition made by the Assessing Officer against State Examination Board, Nr. Government Library....

Reassessment Based On General Penny Stock Reports Alone Cannot Stand: ITAT Ahmedabad

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) on 1 April, held that reassessment cannot be based solely on general penny stock investigation reports without any material linking the taxpayer, and deleted additions made towards alleged bogus capital gains and commission. The Bench comprising Judicial Member Sanjay Garg and Accountant Member Annapurna Gupta allowed the appeal of Bhupesh Sajjansinh Rathod, an individual investor, against the order of the Commissioner of Income...

TEP-Based Income Tax Summons Can't Be Quashed Without Proof Of Mala Fide: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that summons issued under Section 131(1A) of the Income Tax Act on the basis of a Tax Evasion Petition (TEP) cannot be quashed in writ jurisdiction in the absence of clear and convincing proof of mala fide, particularly where such allegations are raised belatedly and lack foundational pleadings or supporting material. A Division Bench of Justice Ravi Nath Tilhari and Justice Balaji Medamalli dismissed a writ petition filed by Koduru Picheswara Rao...

Andhra Pradesh High Court Holds State GST Cannot Assess IGST On Imports, Quashes Notice Against Avanti Feeds

The Andhra Pradesh High Court on 1 April set aside a show-cause notice issued to Avanti Feeds Limited, holding that State GST authorities have no jurisdiction to assess or recover Integrated GST (IGST) on imported goods. A Division Bench comprising Justice R. Raghunandan Rao and Justice T.C.D. Sekhar ruled that such powers vest exclusively with customs authorities under the Customs Act. The Bench observed: “Another aspect of this matter which would also require to be noticed is the language of...

ITAT Ahmedabad Condones 153-Day Delay By Senior Citizen Unaware Of Tax Procedure, Orders Fresh Hearing

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) on 23 March, held that delay in filing an appeal by a lady senior citizen constituted a sufficient and reasonable cause, and restored the matter for fresh adjudication. A Bench comprising Judicial Member Suchitra Kamble and Accountant Member Annapurna Gupta condoned a delay of 153 days, observing that the taxpayer's unfamiliarity with income tax procedures and technology justified the delay. The Bench observed: “Considering the...