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Archive: June, 2026

Posts in June, 2026

Writ Petition Dismissed as Section 53A cannot Establish Ownership for Depreciation Claim

June 9, 2026 189 Views 0 comment Print

The Court held that the assessee failed to produce any written or registered document proving transfer of property to the firm. Consequently, the challenge to the assessment proceedings was rejected, leaving the assessee to pursue statutory appellate remedies.

Mechanical Additions Running Into Crores Cannot Survive Without Proper Verification: ITAT Mumbai

June 9, 2026 189 Views 0 comment Print

ITAT Mumbai upheld the CIT(A)’s directions to verify fund flow, bank statements, and lenders’ creditworthiness before making additions. The Tribunal found the remand approach legally justified and free from infirmity.

CENVAT Credit Cannot Be Denied for Plant Maintenance Services Misclassified as Civil Construction: CESTAT Delhi

June 9, 2026 159 Views 0 comment Print

CESTAT Delhi held that works contract services used for repair and maintenance of existing plant and machinery qualify as input services. The Tribunal ruled that the exclusion under Rule 2(l) applies only to construction-related activities involving buildings or civil structures.

CESTAT Sets Aside Customs Demand as Undervaluation Allegations Lacked Admissible Evidence

June 9, 2026 201 Views 0 comment Print

CESTAT Chennai held that unsigned invoices, unauthenticated e-mails, and uncorroborated statements were insufficient to reject transaction value. The Tribunal quashed the demand, confiscation, and penalties after finding no proof of additional consideration.

ITAT Reduces Profit Estimation to 4% as 8% Rate Ignored Audited Books & Past Margins

June 9, 2026 204 Views 0 comment Print

ITAT Chennai held that estimating income at 8% of turnover was excessive where the assessee’s accounts were tax-audited and past profit history reflected lower margins. The Tribunal restricted the addition by adopting a 4% profit rate based on the facts of the case.

UnUregistered Profit-Sharing Agreements Cannot Confer Occupancy Rights During CIRP: NCLAT

June 9, 2026 171 Views 0 comment Print

The NCLAT held that unregistered profit-sharing agreements do not create leasehold or occupancy rights in immovable property. The tribunal upheld eviction of the occupant from the corporate debtor’s hotel premises during CIRP.

NCLT Approves ₹17.25 Cr Resolution Plan After CoC Endorsement & Regulatory Compliance

June 9, 2026 180 Views 0 comment Print

While approving the resolution plan, NCLT clarified that exemptions relating to taxes, duties, and statutory compliances must be obtained from the competent authorities separately. Approval of the plan does not itself waive statutory liabilities.

ITAT Delhi Remands Transfer Pricing Case Due to Alleged Double Addition of TP Adjustments

June 9, 2026 183 Views 0 comment Print

The Tribunal restored the matter to the Assessing Officer after finding that transfer pricing adjustments may have been added twice while computing the assessee’s income. The issue requires fresh examination after granting an opportunity of hearing.

IBBI RTI Appeal Disposed as Information Was Ultimately Provided Despite One-Day Delay

June 9, 2026 309 Views 0 comment Print

The First Appellate Authority noted that the CPIO exceeded the statutory RTI timeline by one day. However, since the requested closure letter had been furnished, no further action was considered necessary.

IBBI Suspends Insolvency Professional for One Year Over Repeated Compliance Failures

June 9, 2026 324 Views 0 comment Print

The IBBI held that prolonged failure to hold SCC meetings, delayed progress reporting, and repeated absence before the Adjudicating Authority amounted to serious professional misconduct. The order underscores the importance of strict adherence to statutory duties under the insolvency framework.

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