Delhi ITAT Says Entire Bogus Purchase Value Can't Be Added To Income, Applies 5% Rate On ₹5.94 Cr Turnover

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) on 31 August held that where both purchases and corresponding sales are found to be bogus, the entire purchase value cannot be added to income without accounting for the profit element arising from the transactions. Judicial Member Anubhav Sharma and Accountant Member Sanjay Awasthi partly allowed HSB Home Solutions Ltd.'s appeal for Assessment Year 2012-13, upholding the reopening of the assessment and directing the Assessing Officer...

ITAT Delhi Quashes Revision Against Sr. Advocate Mukul Rohatgi For CCIT's Unauthorised PCIT Notice

The Delhi Income Tax Appellate Tribunal (ITAT) on 28 August quashed the revisionary order passed against Senior Advocate Mukul Rohatgi for Assessment Year 2022-23, holding that the Section 263 notice issued by the officer after his promotion to CCIT was without jurisdiction.A Bench comprising Vice President Mahavir Singh and Accountant Member Sanjay Awasthi held that an officer promoted as Chief Commissioner of Income Tax (CCIT) cannot exercise the powers of the Principal Commissioner of...

Assessment Years Falling Beyond Prescribed Period Cannot Be Reopened In Search Proceedings: ITAT Delhi

The Delhi Income Tax Appellate Tribunal (ITAT) on 24 August held that an Assessing Officer cannot assume jurisdiction under Section 153C of the Income Tax Act, 1961, for assessment years falling outside the statutory block prescribed under the provision. The provision applies to the assessment of income of a person other than the person searched, where seized material is found to relate to such person.A Bench comprising Accountant Member S. Rifaur Rahman and Judicial Member Sunil Kumar Singh...

Supreme Court Says Delay In Tax Deposit Not 'Failure To Pay', Quashes Penalty On Saudi Airlines

On 1 September, the Supreme Court held that the penalty under Section 38(3) of the Finance Act, 1979 for “failure to pay” Foreign Travel Tax cannot be imposed merely because the tax was deposited after the prescribed deadline. A Bench of Justices J.B. Pardiwala and Ujjal Bhuyan allowed an appeal filed by Saudi Arabian Airlines against a Bombay High Court judgment which upheld a penalty imposed on the airline for delayed deposit of Foreign Travel Tax (FTT). The judges held: “Failure to pay...

ITAT New Delhi Quashes Reassessment Based On Information Already Available On Record

The Delhi Income Tax Appellate Tribunal (ITAT) on 24 August 2026 held that reassessment proceedings cannot be initiated by presenting information already available on the assessment record as fresh material. Such proceedings are without jurisdiction. A Bench comprising Accountant Member S. Rifaur Rahman and Judicial Member Sunil Kumar Singh allowed five connected appeals involving Jay Ace Technologies Limited, JNJ Electronics Limited and other companies of the JP Minda Group for Assessment Year...

Rajasthan High Court Sets Aside Unsigned GST Notice And ₹3.13 Lakh Demand Against Mayur Timber

The Rajasthan High Court on 11 August set aside an unsigned Goods and Services Tax (GST) show-cause notice and consequential demand of over Rs. 3.13 lakh raised against Mayur Timber, along with interest of Rs. 4,26,002 and an equivalent penalty. A Division Bench comprising Justices Arun Monga and Ashutosh Kumar held that mere generation of a document on the GST portal or allotment of a reference number cannot replace the mandatory requirement of authentication under Rule 26(3) of the Central...

Customs Must Verify Certificates Of Origin Before Denying Preferential Tariff Benefit: CESTAT Ahmedabad

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad on 31 August held that the Customs Department cannot deny preferential tariff benefit or invoke the extended limitation period against an importer merely on the suspicion that Certificates of Origin are fraudulent, without completing the prescribed verification process and establishing the importer's involvement in the alleged fraud. A Bench comprising Judicial Member Somesh Arora and Technical Member A.K. Jyotishi...

Supreme Court Stays Tripura HC Ruling Allowing ITC To Buyer Despite Supplier's Failure To Deposit GST

Today, the Supreme Court issued notice in the Union of India's challenge to a Tripura High Court judgment which allowed a purchaser to claim Input Tax Credit (ITC) despite the supplier having failed to deposit the GST collected from the purchaser with the Government. A Division Bench of Justices J.B. Pardiwala and K. Vinod Chandran also stayed the operation of the High Court's 6 January 2026 judgment. The case concerns the interpretation of Section 16(2)(c) of the Central Goods and Services...

Excess Service Tax Can Be Adjusted Against Liability Beyond Immediately Succeeding Period: CESTAT Chennai

The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on 31 August held that excess service tax paid by a taxpayer can be adjusted against tax liability arising in later months or quarters and is not restricted to the immediately succeeding month or quarter. A Bench of Judicial Member P. Dinesha and Technical Member M. Ajit Kumar allowed appeals filed by BASF Catalysts India Pvt. Ltd., relying on an earlier Division Bench decision in South India Aluminium Company...

Different Financial Years Cannot Be Clubbed In One Section 73 Show Cause Notice: Bombay High Court

The Bombay High Court on 28 August reiterated that demands for different financial years cannot be clubbed in a single show cause notice issued under Section 73 of the Central Goods and Services Tax Act, 2017 (CGST Act). A Division Bench of Justices Anil L. Pansare and Nivedita P. Mehta held that the statutory scheme treats each financial year as a separate tax period for assessment and recovery, with separate due dates and limitation periods. It therefore held that different financial years...

GST Cannot Be Levied On Penalty Imposed On TASMAC Employee For Stock Shortage: Madras High Court

The Madurai Bench of the Madras High Court on 14 August held that GST cannot be levied on a penalty imposed on an employee for shortage of liquor stock, observing that such a penalty arising from an employer-employee relationship cannot, by itself, be treated as a supply of service under GST law. A Division Bench comprising Justices M. Dhandapani and N. Dilip Kumar made the observation while dismissing an intra-court appeal filed by the Tamil Nadu State Marketing Corporation Limited (TASMAC)....

Rajasthan High Court Holds ₹45,000 Paid To Municipality Cannot Offset Labour Cess Liability Of Hospital

The Rajasthan High Court on 5 August declined to interfere with labour cess recovery proceedings against Saini Multispecialty Hospital, holding that payment of Rs. 45,000 to a municipal body could not by itself discharge the hospital's statutory liability under the Building and Other Construction Workers' Welfare Cess Act, 1996. A Division Bench comprising Justices Arun Monga and Ashutosh Kumar at the Jaipur Bench held that the cess had to be assessed and deposited with the authority prescribed...