Topic

[Tax Law & Litigation]

3 articlesLatest April 2026
Service Tax Liability | Conversion from Proprietorship to Partnership Requires Fresh Show Cause Notice: CESTAT Quashes ₹69.7 Lakh Demand
Case Law Analysis
|Custom, Excise & Service Tax Tribunal

Service Tax Liability | Conversion from Proprietorship to Partnership Requires Fresh Show Cause Notice: CESTAT Quashes ₹69.7 Lakh Demand

CESTAT rules that a partnership firm cannot be held liable for service tax demands arising from its predecessor proprietorship without a fresh show cause notice. The decision underscores the legal distinction between entities, protecting businesses from retrospective tax liabilities post-conversion.

Section 65(68) Finance Act 1994 | Transportation of Goods on Per-Km Basis Not 'Manpower Supply Service' : CESTAT Chandigarh
Case Law Analysis
|Custom, Excise & Service Tax Tribunal

Section 65(68) Finance Act 1994 | Transportation of Goods on Per-Km Basis Not 'Manpower Supply Service' : CESTAT Chandigarh

CESTAT Chandigarh rules that transportation of tractors on a per-kilometer basis does not fall under 'Manpower Recruitment or Supply Agency Services' under Section 65(68) of the Finance Act, 1994. The Tribunal set aside the service tax demand and reduced penalties, clarifying the scope of taxable services for logistics providers and transporters.

Section 153C IT Act | Third-Party Electronic Evidence Inadmissible Without Assessee Confrontation or Corroboration : ITAT Mumbai
Case Law Analysis
|Income Tax Appellate Tribunal

Section 153C IT Act | Third-Party Electronic Evidence Inadmissible Without Assessee Confrontation or Corroboration : ITAT Mumbai

ITAT Mumbai rules that additions under Section 69 of the Income Tax Act cannot be justified based solely on third-party electronic data (e.g., Excel files from a search) unless the assessee is confronted with the evidence and given an opportunity for cross-examination. The tribunal emphasized that unauthenticated digital documents lack evidentiary value under the Indian Evidence Act, reinforcing natural justice principles in tax proceedings.