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Can Penalty be Levied on Delayed Annual GST Return?

January 20, 2026 18237 Views 2 comments Print

The court held that once late fee is imposed for delayed annual return filing, a further general penalty is not permissible. Section 125 applies only where no specific penalty exists.

Excess Stock ≠ Confiscation: SC Settles GST Section 130 Misuse Debate

January 20, 2026 4008 Views 0 comment Print

The Supreme Court upheld that mere excess stock found during inspection is insufficient for confiscation under Section 130. Tax must be assessed through Section 35(6) read with Sections 73 or 74, ensuring due process.

ITAT Delhi Quashed Cash Addition for Invalid WhatsApp Digital Evidence

January 19, 2026 4488 Views 0 comment Print

The issue was whether a WhatsApp image from a third party could justify a cash addition. The Tribunal held the digital evidence inadmissible due to lack of lawful collection and chain of custody, deleting the addition.

ITAT Kolkata Allowed ₹26.77 Section 54F Exemption Despite Joint Ownership

January 19, 2026 3945 Views 0 comment Print

Holding Section 54F to be a beneficial provision, the Tribunal applied settled judicial principles to allow exemption where substantive conditions were met, directing deletion of the capital gains addition.

ITAT Mumbai Allows Section 54 Exemption on Sale of Inherited Flat as LTCG

January 19, 2026 456 Views 0 comment Print

The Tribunal confirmed that only ₹10 lakh received by the assessee could be taxed. Addition based on total sale value was held unsustainable.

Loose Sheet Found from Third Party Cannot Justify Section 69C Addition: ITAT Delhi

January 19, 2026 579 Views 0 comment Print

The Tribunal held that a loose sheet found from a third party cannot justify addition for cash interest without corroborative evidence. Presumption under Sections 132(4A) and 292C cannot be applied against a non-searched assessee.

Advocate’s Office Not a Commercial Establishment for Electricity Tariff: Karnataka HC

January 19, 2026 4131 Views 1 comment Print

The Court held that professional legal work does not convert a residential connection into commercial use. The excess demand raised was ordered to be refunded.

Accommodation Entry Case: Reassessment Beyond 3 Years Invalid Without Proper Sanction

January 19, 2026 336 Views 0 comment Print

The reassessment was struck down as sanction was obtained from a Principal Commissioner instead of the competent authority under Section 151. Jurisdictional defect invalidated all subsequent proceedings.

Penalty Upheld for Failure to Maintain Board & AGM Minutes despite Flood damage

January 19, 2026 4788 Views 0 comment Print

The authority held that non-maintenance of statutory minutes attracts a fixed penalty even if records were destroyed due to unforeseen events. Flood damage was treated as mitigation, not a defence to statutory liability.

CIRP Not a Ground to Demand Documents During CBI Investigation: Delhi HC

January 19, 2026 1188 Views 0 comment Print

The Court held that insolvency proceedings do not entitle an accused to seek records under Section 91 Cr.P.C. during investigation. Documents sought to aid answers are premature and must await the charge sheet.

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