Tax
GSTAT Delhi Bench Sets Aside Profiteering Proceedings Against Vertex Homes Over ITC Benefit
The GST Appellate Tribunal (GSTAT), Delhi, on 2 September set aside profiteering proceedings against Vertex Homes Pvt. Ltd. concerning its “Vertex Panache” project in Hyderabad, after finding that the increase in construction costs had offset the benefit of additional Input Tax Credit (ITC). A Bench comprising Technical Member Anil Kumar Gupta accepted the Directorate General of Anti-Profiteering's (DGAP) revised calculation of nil profiteering, after it deducted Rs. 3.49 crore in verified cost...
Madras High Court Sets Aside Bank Guarantee Condition For Provisional Release Of ASC Impex Goods
The Madras High Court on 18 September set aside a bank guarantee condition imposed for provisional release of imported Polyester Woven Fabric with PVC Coating detained from ASC Impex over a classification dispute. Justice Hemant Chandangoudar directed Customs to release the goods on payment of applicable duty and execution of a personal bond for the differential duty. The Bench held: “The purpose of provisional release is to ensure that the goods are not unnecessarily detained during the...
Karnataka High Court Says Appeal Against CESTAT Order On GTA Classification Lies Before Supreme Court
The Karnataka High Court on 24 September held that an appeal against an order of a Customs, Excise & Service Tax Appellate Tribunal (CESTAT) on the classification and taxability of services as “Goods Transport Agency” (GTA) service lies before the Supreme Court under Section 35L of the Central Excise Act, 1944, and not before the High Court under Section 35G. A Division Bench comprising Justices R. Devdas and K. Manmadha Rao dismissed the Central Excise Appeal filed by the Commissioner of...
Delhi High Court Upholds ₹2.31 Crore Anti-Profiteering Liability Against LICHFL Care Homes
The Delhi High Court has upheld a ₹2.31 crore anti-profiteering liability imposed on LICHFL Care Homes Limited in relation to its residential project 'Jeewan Anand' in Bhubaneswar, Odisha.The Division Bench of Justices Anil Kshetarpal and Shail Jain rejected the developer's contention that CENVAT credit which was legally available under the pre-GST regime but not actually availed should be taken into account while determining the benefit arising from the introduction of GST.“The Petitioner may...
Madras High Court Permits Mother, Minor Daughter To Seek Return Of Gold Jewellery Detained At Trichy Airport
The Madurai Bench of the Madras High Court has allowed a mother and her minor daughter to approach the Customs authorities for the return of gold jewellery detained at Trichy Airport.The Court directed them to submit an application before the Customs authorities seeking return of the jewellery.Justice C. Saravanan passed the order while disposing of petitions filed by the mother and daughter challenging the detention of gold jewellery weighing 22.20 grams and 30.50 grams, valued at ₹2.89...
Failure To Furnish Bank Details For GST Registration Is Curable Lapse: Calcutta High Court
The Calcutta High Court has observed that failure to furnish bank details, though a violation of Rule 10A of the Central Goods and Services Tax Rules, can be cured by producing the correct bank details and supporting documents to establish the taxpayer's bona fides.Justice Smita Das De made the observation while considering a plea against cancellation of GST registration for non-submission of bank details. The court noted that cancellation of GST registration has severe civil consequences and...
Karnataka High Court Quashes Black Money Act Assessment Against Moroccan Woman For Wrong Assessment Year
The Karnataka High Court has quashed an assessment order against a Moroccan woman under the Black Money Act after holding that the Income Tax Department had assessed her foreign assets in the wrong assessment year. The Court held that since she had acquired the assets before the Black Money Act came into force and had not made a declaration under Section 59, Section 72(c) deemed the assets to have been acquired in the year in which the first notice under Section 10 was issued. As that notice...
GSTAT New Delhi Directs Bengal Emami Housing To Pass On ₹70.58 Lakh ITC Benefit To Homebuyers
The Delhi Bench of the Goods and Services Tax Appellate Tribunal (GSTAT) has directed Bengal Emami Housing Ltd. to pay ₹70.58 lakh, including GST, to eligible homebuyers of its “Swan Court” project in Kolkata on account of additional Input Tax Credit (ITC) benefit.The Division Bench comprising President Justice Sanjaya Kumar Mishra and Technical Member Anil Kumar Gupta held that the profiteering computation should be confined to the Higher Income Group (HIG) category.The proceedings arose from a...
Indian Exporter Not Liable To Pay Service Tax Under Reverse Charge On Foreign Bank Charges: CESTAT Delhi
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi, has held that an Indian exporter is not liable to pay service tax under the reverse charge mechanism on charges deducted by foreign banks from export proceeds. The tribunal held that the services were received by the Indian bank, not the exporter, which had no contractual relationship with the foreign bank. A coram comprising Judicial Member Somesh Arora and Technical Member Sanjiv Srivastava allowed Sarda Energy and...
Income-Tax Objection Filed Next Working Day After Sunday Deadline Valid: Calcutta High Court
The Calcutta High Court on 24 September held that a taxpayer's objection against a draft income-tax assessment cannot be rejected as time-barred when the 30-day deadline falls on a Sunday and the objection is filed on the next working day. Justice Smita Das De was dealing with a plea by GFK Mode Private Limited, whose objection before the Dispute Resolution Panel (DRP) was rejected as time-barred. The last date was 15 March 2026, which was a Sunday, and the company filed its objection on 16...
LiveLawBiz Direct Tax Weekly Round-Up: September 21 - September 27, 2026
HIGH COURTSBombay HCBombay High Court Condones Trust's 30-Day Delay In Filing Tax Audit Form Despite Pending CBDT PleaCase Title : Vallabh Welfare Foundation v. Commissioner of Income Tax (Exemptions), Mumbai & Ors. Case Number : Writ Petition (L) No. 24472 of 2026 CITATION : 2026 LLBiz HC(BOM) 533The Bombay High Court on 21 September condoned Vallabh Welfare Foundation's 30-day delay in filing Form 10B for Assessment Year 2020-21, despite the charitable trust having already approached...
GSTAT Agra Splits Over ₹10.10 Lakh Penalty On Tata Play For Wrong Vehicle Number, Refers Matter To VP
The GST Appellate Tribunal (GSTAT), Agra, on 10 September differed on whether mentioning an entirely different vehicle number in an e-way bill can attract penalty under Section 129 of the CGST/UPGST Act. A Split Bench of Judicial Member Ajeet Singh and Technical Member Vivek Kumar was hearing an appeal filed by the State of Uttar Pradesh against an order deleting a Rs. 10,10,186 penalty imposed on Tata Play Limited after its vehicle was intercepted while transporting goods from Delhi to...