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Stamp Duty Value Cannot Be Adopted Without DVO Reference When Property Title Is Disputed

May 21, 2026 393 Views 0 comment Print

Tribunal ruled that objections relating to defective title, encroachments, and legal disputes require proper valuation examination through a DVO reference. The addition under Section 56(2)(x) was therefore restored to the Assessing Officer for reconsideration.

AO Must Refer Property Valuation to DVO When Stamp Duty Value Is Disputed: ITAT Delhi

May 21, 2026 381 Views 0 comment Print

ITAT Delhi ruled that where an assessee disputes the stamp duty valuation under Section 50C, the Assessing Officer should refer the matter to the Valuation Officer. The Tribunal set aside the capital gains addition for fresh determination.

GST ITC Fraud Accused Granted Bail as Evidence Was Primarily Documentary

May 21, 2026 528 Views 0 comment Print

Punjab and Haryana High Court granted bail in an alleged fake ITC case after noting that investigation was complete and evidence was mainly documentary and electronic. The Court held that continued custody was not justified when no further interrogation was required.

No Bar on Carrying Business Through Mobile Phone Along With Principal Place of Business: Delhi HC

May 21, 2026 4242 Views 0 comment Print

Delhi HC held that a taxpayer can legally carry on business through a mobile phone in addition to the registered principal place of business.

Section 74 GST Proceedings Cannot Be Challenged Directly in Writ When Appeal Remedy Exists

May 21, 2026 1554 Views 0 comment Print

Madras High Court held that objections regarding fraud, suppression, and penalty proceedings under Section 74 of the CGST Act should be raised before the appellate authority. The Court declined to interfere in writ jurisdiction where statutory appeal remedies were available.

Bombay HC Sets Aside GST Refund Rejection Due to Non-Speaking Order

May 21, 2026 561 Views 0 comment Print

The High Court held that refund rejection orders must contain specific findings and proper reasoning. Since the appellate authority failed to provide a speaking order, the matter was remanded for reconsideration.

Global Brand & Technology Support Payments Not Taxable as Royalty Under India-UK DTAA

May 21, 2026 285 Views 0 comment Print

ITAT Mumbai ruled that payments made for global brand, communications, and technology support services within the Deloitte network did not amount to royalty under Article 13(3) of the India-UK DTAA. The Tribunal held that no transfer of copyright or intellectual property rights had taken place.

Karnataka HC Quashes GST Order Due to One-Day Reply Time for SCN

May 21, 2026 558 Views 0 comment Print

The Karnataka High Court set aside an ex-parte GST assessment order after finding that the taxpayer was given only one day to respond to the show cause notice. The matter was remanded for fresh adjudication with an opportunity to file a reply.

ITAT Allows Higher BOT Road Amortization Due to Early Termination of Concession Agreement

May 21, 2026 252 Views 0 comment Print

ITAT Mumbai held that amortization of BOT road project expenditure must be computed based on the actual concession period and not on an unimplemented extension proposal. The Tribunal directed recomputation after recognizing termination of the agreement before 2024.

Reversal of Previously Disallowed Securitisation Provisions Cannot Be Taxed Again: ITAT Mumbai

May 21, 2026 252 Views 0 comment Print

The Mumbai ITAT held that reversal of securitisation provisions already disallowed in earlier years cannot be taxed again upon write-back. The Tribunal ruled that such taxation would amount to double taxation.

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