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Archive: January, 2026

Posts in January, 2026

Section 148 Reopening Notice Issued Late is Invalid: ITAT Delhi

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It was ruled that a reassessment notice issued after expiry of the extended limitation is void. The takeaway is that delayed action under the new reassessment regime is fatal.

Illegal Section 143(2) Notice Vitiates Search-Based Assessment

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The notice under section 143(2) did not conform to the CBDT-prescribed format. ITAT ruled that a defective notice strikes at jurisdiction and invalidates the assessment.

Bombay HC Quashed GST Demand for Treating Leasehold Assignment as Supply of Service

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The Bombay High Court held that assignment of long-term leasehold rights in immovable property does not constitute a supply of services under the GST law. The Court quashed the GST demand, ruling that such transfers fall outside the scope of taxable supply.

Section 263 Cannot Expand Beyond Limited Scrutiny Scope: ITAT Delhi

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The Tribunal held that revision under section 263 cannot introduce issues outside the original limited scrutiny mandate. The key takeaway is that the PCIT cannot widen the inquiry beyond CASS-selected parameters.

No Double Tax on Cash Sales Recorded in Books: ITAT Delhi

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The Tribunal held that cash deposits arising from genuine sales already recorded in books cannot be taxed again as unexplained money. The key takeaway is that such additions amount to impermissible double taxation.

GST SCN Quashed for Clubbing Multiple Assessment Years: Karnataka HC

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The High Court held that a single notice covering several financial years violates Section 73 of the CGST Act. Each assessment year must be proceeded against independently within its own limitation period.

Form-10B Delay Due to Pandemic Gets Fresh Hearing by ITAT

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The dispute concerned denial of exemption due to belated filing of Form-10B. ITAT held the delay was not fatal and directed fresh consideration in light of the CBDT circular.

Girls’ Slips Classifiable as Knitted Undergarments Due to Lack of Bust Support: CAAR Delhi

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The Authority examined whether imported girls’ slips resembled brassieres and held that absence of support features placed them under knitted underclothing. The ruling confirms classification under Heading 6108 for slips made of synthetic fibres.

Section 50C Adjustment Barred at Return Processing Stage: ITAT Delhi

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It was ruled that substituting sale consideration with stamp duty value during CPC processing is impermissible. Such action deprives taxpayers of the statutory right to seek DVO valuation.

Inter-Charity Donations is Valid Application of Income: ITAT Delhi

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It was held that sale consideration from trust property, when donated to charitable institutions, cannot be taxed as income. The ruling confirms protection for genuine charitable application of capital receipts.

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