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Archive: 04 March 2026

Posts in 04 March 2026

Disallowance of Insurance Expenses Set Aside Because IRDA Limits Do Not Automatically Bar Tax Deduction

March 4, 2026 258 Views 0 comment Print

The tribunal ruled that reallocating management expenses to the profit and loss account under IRDA regulations does not violate law and therefore cannot justify disallowance under the Income-tax Act.

HC Questioned GST Appeal Filing System as Temporary ID Process May Enable Malpractices

March 4, 2026 258 Views 0 comment Print

The Allahabad High Court observed that requiring taxpayers to obtain temporary IDs from the same officer who passed the order may create delays and scope for malpractice. The Court suggested exploring auto-generation of IDs to ensure easier access to GST appeals.

Subscription Fee for Database Access Not Royalty as No Copyright Rights Were Transferred: ITAT Delhi

March 4, 2026 282 Views 0 comment Print

Bain & Company Vs D/ACIT (ITAT Delhi) The appeal before the Income Tax Appellate Tribunal (ITAT), Delhi arose from a final assessment order dated 18 December 2024 passed by the Deputy/Assistant Commissioner of Income Tax (International Tax), Gurgaon under Section 143(3) read with Section 144C(13) of the Income-tax Act, 1961. The assessee is a foreign company […]

Lookout Circular Set Aside Because Income Tax Proceedings Had Concluded and No Demand Was Pending

March 4, 2026 294 Views 0 comment Print

The Delhi High Court held that continuing a lookout circular after the conclusion of tax proceedings and in the absence of any outstanding demand violated fundamental rights. The Court ruled that administrative delay in gathering foreign information cannot justify indefinite travel restrictions.

Application Rejected as DRT Lacks Jurisdiction Over Recovery Dispute Between Financial Institutions

March 4, 2026 219 Views 0 comment Print

The Tribunal applied the Supreme Court’s ruling that Section 11 of the SARFAESI Act provides a mandatory arbitration mechanism for disputes between banks or financial institutions involving unpaid dues.

GST Order Quashed as Summary in DRC-01 Cannot Replace Mandatory SCN

March 4, 2026 771 Views 0 comment Print

The Gauhati High Court held that a summary issued in Form GST DRC-01 cannot substitute the statutory requirement of a proper Show Cause Notice under Section 73. Proceedings initiated without such notice were held invalid.

GST Order Quashed as Tax Proceedings Were Initiated Against a Deceased Person

March 4, 2026 405 Views 0 comment Print

The High Court set aside a GST demand after finding that the show cause notice and tax determination were issued in the name of a deceased proprietor without notifying the legal representative.

GST Portal Notices Alone Are Not Effective Service: Madras High Court

March 4, 2026 477 Views 0 comment Print

The court held that passing an ex parte GST assessment without providing a personal hearing violated procedural fairness. The case was remanded for fresh consideration with a mandatory personal hearing.

GST Orders Quashed Because Uploading Notices on Portal Alone Did Not Ensure Effective Service

March 4, 2026 369 Views 0 comment Print

The Madras High Court set aside GST assessment orders after finding that the taxpayer was not given an opportunity of personal hearing. The case was remanded for fresh adjudication subject to payment of 25% of the disputed tax.

GST Registration Restored Despite Suppression of Facts as HC Ordered Payment of Tax Arrears

March 4, 2026 198 Views 0 comment Print

The High Court quashed the GST registration cancellation order but directed restoration only after the taxpayer clears pending tax liabilities. The ruling emphasizes conditional relief despite procedural violations.

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