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Archive: March, 2026

Posts in March, 2026

University Cannot Curb Peaceful Protests Or Expression of Ideas: Delhi HC

March 24, 2026 546 Views 0 comment Print

The court examined whether student protests can attract disciplinary action. It held that peaceful dissent is protected and disproportionate punishment is invalid.

ITAT Mumbai Rejects TP Adjustment as Preference Shares Cannot Be Treated as Loans Without Evidence

March 24, 2026 765 Views 0 comment Print

The Tribunal held that subscription to preference shares cannot be re-characterized as loans in absence of evidence showing sham transactions. Notional interest addition was deleted.

ITAT Mumbai Deletes LTCG Addition as No Evidence of Share Transaction Being Bogus

March 24, 2026 750 Views 0 comment Print

The case involved addition of share sale proceeds treated as bogus based on investigation reports. The Tribunal held that no direct evidence linked the assessee to manipulation. It ruled that documented transactions through banking and demat channels cannot be disregarded without proof.

Section 54F Deduction Allowed as Investment in Under-Construction Property Treated as Construction

March 24, 2026 1296 Views 0 comment Print

The case involved denial of deduction due to delayed execution of purchase deed. The Tribunal held that investment in an under-construction property qualifies as construction within the extended time limit. It ruled that deduction cannot be denied on technical interpretation of timelines.

Karnataka HC Allows Fresh Hearing as GST Order Passed Without Taxpayer’s Response

March 24, 2026 579 Views 0 comment Print

The case involved an order passed without any reply from the taxpayer to the show cause notice. The Court set aside the order and remitted the matter for fresh adjudication. It held that an opportunity must be given when substantial tax recovery has already occurred.

Gujarat HC Quashed Reassessment Notice Due to Absence of Fresh Material After Scrutiny Proceedings

March 24, 2026 462 Views 0 comment Print

The case involved reopening of assessment based on issues already examined during scrutiny. The Court held that reassessment without new material is invalid. It ruled that reopening on the same facts amounts to impermissible action.

ITC Reversal Order Quashed Due to Retrospective Amendment Extending Section 16(4) Time Limit

March 24, 2026 1131 Views 0 comment Print

The case involved denial of ITC based on limitation under Section 16(4) of the CGST Act. The Court held that the retrospective amendment introducing Section 16(5) allowed ITC within an extended timeline. It ruled that orders rejecting ITC solely on limitation grounds were unsustainable.

ITAT Deletes Section 43CA Addition as Presumptive Taxation Already Includes Stamp Duty Value

March 24, 2026 822 Views 0 comment Print

Tribunal held that once income is computed under section 44AD using stamp duty value as turnover, a separate addition under section 43CA leads to double taxation and is not permissible.

GST Delay Condonation Rejection Invalid as Authority Failed to Pass Reasoned Order: P&H HC

March 24, 2026 519 Views 0 comment Print

The Court found that the rejection was only a communication and not a legally valid order. It remitted the matter for fresh decision after proper hearing and consideration of all issues.

Gauhati HC Allows Restoration of GST Registration Due to Subsequent Compliance

March 24, 2026 513 Views 0 comment Print

The case involved cancellation of GST registration due to non-filing of returns. The Court held that restoration should be considered once the taxpayer complies with filing and payment requirements.

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