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Appeal Before ITAT Not-Maintainable for Failure to Comply With Section 140 Verification Rules

May 25, 2026 246 Views 0 comment Print

ITAT Bangalore held that an appeal filed without verification by the authorized Principal Officer was not maintainable. The Tribunal dismissed the appeal but allowed liberty to file a properly verified appeal with condonation request, if necessary.

Gujarat HC Quashes Section 148 Reopening Due to Change of Opinion on Section 50C Valuation

May 25, 2026 297 Views 0 comment Print

Gujarat High Court held that reassessment notices issued after scrutiny assessment were invalid because the Assessing Officer had already examined the Section 50C valuation issue during original proceedings. The Court ruled that reopening amounted to a mere change of opinion.

Penny Stock Addition Cannot Be Sustained Without Proper Examination of Evidence: ITAT Delhi

May 25, 2026 2379 Views 0 comment Print

ITAT Delhi noted that confirmations from the company and broker regarding share transactions were available but not adequately considered by the Assessing Officer. The case was remanded for denovo assessment.

Custom Duty Refund Claim Not Maintainable Without Challenging Assessment Order: SC

May 25, 2026 327 Views 0 comment Print

The Supreme Court held that self-assessment introduced under the amended Customs Act qualifies as an assessment order under Section 2(2). Importers seeking refund must first challenge such assessment through statutory remedies before filing refund claims.

AP HC Quashes GST on FOB Ocean Freight Due to Double Taxation Principle

May 25, 2026 387 Views 0 comment Print

The High Court held that GST on ocean freight under FOB contracts cannot be levied separately when the transaction has already suffered tax. The ruling extends the anti-double taxation principle beyond CIF contracts.

No Financial Debt Without Disbursement of Money to Corporate Debtor Under IBC

May 24, 2026 546 Views 0 comment Print

The Tribunal reiterated that disbursement of funds to the debtor is an essential condition for financial debt. Since no money was advanced to the corporate debtor, the claimant was not a financial creditor.

No Confiscation of Indian Currency Without Proof Linking It to Smuggling: CESTAT Kolkata

May 24, 2026 405 Views 0 comment Print

CESTAT Kolkata held that Indian currency cannot be confiscated under Section 121 of Customs Act without clear evidence connecting it to smuggled goods. Tribunal ruled that investigative statements alone are insufficient to justify seizure of cash as sale proceeds of smuggled gold.

Unlicensed Money Lender Cannot Obtain Recovery Decree: Calcutta HC

May 24, 2026 708 Views 0 comment Print

The Calcutta High Court dismissed a money recovery suit after finding that the lender failed to produce a valid licence under the Bengal Money Lenders Act, 1940. The Court held that Section 13 bars courts from granting decrees in favour of unlicensed money lenders.

Srvice tax exemption cannot be denied for late EXP-1 & EXP-2 form filing

May 24, 2026 264 Views 0 comment Print

CESTAT ruled that the Department failed to consider ST-3 returns and service tax already discharged by the assessee. The Tribunal held that duplicate tax demands arising from erroneous calculations could not survive.

ITAT Remands Cash Deposit Addition as Assessee Failed to Prove Business Activity

May 24, 2026 612 Views 0 comment Print

The Hyderabad ITAT ruled that the CIT(A) could not delete unexplained cash deposit additions merely on the basis of submissions and audit reports without supporting documents proving business transactions.

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