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Income Tax Section 143(1) Adjustments Without Opportunity of Hearing Unsustainable

April 14, 2026 321 Views 0 comment Print

The Tribunal held that adjustments made without issuing prior notice to the assessee violate the mandatory proviso to Section 143(1)(a). Such actions were declared legally unsustainable and liable to be deleted.

ITAT Delhi Allows TDS Credit as CPC Failed to Issue Mandatory Notice

April 14, 2026 195 Views 0 comment Print

The Tribunal held that CPC cannot make adjustments without issuing prior notice under Section 143(1)(a). The disallowance of TDS credit was set aside for lack of jurisdiction.

Karnataka HC Granted Relief Based on Precedent Without Fresh Adjudication

April 14, 2026 2286 Views 0 comment Print

The Court held that the matter was already settled by an earlier decision on identical facts. It extended the same relief, emphasizing consistency in judicial rulings.

Section 43B Not Applicable as Electricity Duty Is Not Assessee’s Liability: P&H HC

April 14, 2026 384 Views 0 comment Print

The Court held that electricity duty collected by a licensee is not its own liability but that of consumers. As a result, Section 43B was found inapplicable and the disallowance was rightly deleted.

Karnataka HC Set Aside ITC Denial Due to Failure to Examine Genuine Transactions

April 14, 2026 210 Views 0 comment Print

The Court held that input tax credit cannot be denied solely because the selling dealer failed to deposit tax without examining the genuineness of transactions. The matter was remanded for reconsideration of whether the assessee discharged its burden of proof.

Delhi HC Set Aside ITC Demand Due to Lack of Specific Findings on Supplier Tax Payment

April 14, 2026 198 Views 0 comment Print

The Court held that denial of input tax credit cannot be sustained without clear findings that suppliers failed to pay tax. The matter was remanded for fresh adjudication after proper examination.

ITC Denial Set Aside Due to Non-Speaking Order: Delhi HC Remands Case

April 14, 2026 168 Views 0 comment Print

The Court set aside the GST demand as the adjudicating authority failed to consider the taxpayer’s submissions. It held that lack of reasoning invalidates the order.

SC Dismisses SLP as Issue Already Covered by High Court Precedents

April 14, 2026 81 Views 0 comment Print

The SC refused to interfere where the High Court had quashed reassessment based on binding precedents. It held that no ground existed to reopen findings already settled by earlier rulings.

Bombay HC Quashes Notices Since Issue Already Decided in Prior Cases

April 14, 2026 72 Views 0 comment Print

The Court quashed all notices and orders as the matter was identical to earlier decisions. It ruled that consistency with precedent requires setting aside such proceedings.

ITC Denial Set Aside Due to Lack of Proof of Collusion with Cancelled Suppliers: Calcutta HC

April 14, 2026 3531 Views 0 comment Print

The Court held that ITC cannot be denied solely because supplier registrations were cancelled retrospectively. It ruled that absence of evidence of collusion requires fresh verification before denying credit.

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