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Archive: 26 April 2026

Posts in 26 April 2026

Bombay HC Stayed Section 148 Notice as Constitutional Validity Challenged

April 26, 2026 693 Views 0 comment Print

The Court stayed reassessment proceedings after constitutional issues were raised. The key takeaway is interim protection when arguable legal questions exist.

GST Order Set Aside Due to Lack of Hearing Opportunity Despite Delay: Delhi HC

April 26, 2026 414 Views 0 comment Print

The court set aside a GST demand order citing violation of natural justice as no hearing opportunity was given. However, relief was conditional on full deposit due to delay in approaching the court.

No Disallowance once TPO Accepted Arm’s Length Interest Rate on Overseas Loan

April 26, 2026 342 Views 0 comment Print

The ruling emphasizes that once the Transfer Pricing Officer accepts the arm’s length nature of a transaction, the Assessing Officer cannot question its reasonableness. The disallowance was deleted as the interest rate complied with transfer pricing norms and reflected commercial reality.

Quashing Plea Rejected as Disputed Facts Cannot Be Examined Under Section 482 of Cr.P.C.

April 26, 2026 279 Views 0 comment Print

The Court refused to quash criminal proceedings, holding that disputed facts cannot be decided in Section 482 jurisdiction. It allowed the applicant to seek discharge before the trial court.

SC Upholds HC Ruling Due to Non-Application of Mind in Section 263 Revision Order

April 26, 2026 522 Views 0 comment Print

The case examines whether revision under Section 263 was validly exercised. The Supreme Court upheld the High Court ruling that lack of independent application of mind invalidated the revision, reinforcing limits on PCIT powers.

Section 263 Invalid as PCIT Acted on AO’s Reference Without Independent Review: Calcutta HC

April 26, 2026 342 Views 0 comment Print

The case examined whether revision under Section 263 was validly invoked. The High Court held that reliance on the Assessing Officer’s reference without independent application of mind invalidated the revision.

SC Stays Trial in Decades-Old Case Citing 35-Year Delay in Proceedings

April 26, 2026 357 Views 0 comment Print

The case involved long-pending criminal proceedings where co-accused were acquitted due to lack of evidence. The Supreme Court indicated that excessive delay alone may justify quashing and stayed further trial proceedings.

₹8.44 cr Section 69A Addition Deleted Due to Incorrect Bank Account Information

April 26, 2026 738 Views 0 comment Print

The Tribunal held that the addition of ₹8.44 crore was unsustainable as it was based on incorrect assumptions about multiple bank accounts. It ruled that properly recorded and explained transactions cannot be treated as unexplained income under Section 69A.

Service Tax Demand Set Aside as SCN Failed to Specify Applicable Clause Under Law

April 26, 2026 327 Views 0 comment Print

The Tribunal found that the show cause notice did not identify the relevant provision under Business Auxiliary Services. It held that absence of specific legal basis renders the demand unsustainable.

Delay Condoned as Limitation Counted from Order Receipt Date, Not Order Date: ITAT Mumbai

April 26, 2026 384 Views 0 comment Print

The case examined whether failure to consider a binding tribunal precedent constitutes an error. The ITAT held that such non-consideration is a mistake apparent on record and recalled the issue for fresh adjudication.

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