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

May 21, 2026 69 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 66 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 63 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.

In TDS Payment dispute, filing of Sale Deed documents was necessary to prove sale consideration

May 21, 2026 9 Views 0 comment Print

In a commercial suit regarding specific performance, High Court had allowed a Civil Revision Petition by setting aside the order of the Special Judge for Commercial Disputes that had rejected the plaintiffs’ application to file additional documents.

No More Technical Escapes: SC Settles Law on Guarantee Validity, Stamping & Disclosures in CIRP

May 21, 2026 66 Views 0 comment Print

The Supreme Court held that liabilities arising from corporate guarantees qualify as financial debt under Section 5(8) of the Insolvency and Bankruptcy Code. Consortium lenders were therefore entitled to Financial Creditor status and inclusion in the Committee of Creditors.

GST Order Quashed as Successor Officer Passed Order Without Fresh Personal Hearing

May 21, 2026 66 Views 0 comment Print

The Delhi High Court held that an adjudication order passed by an officer who never personally heard the assessee violates principles of natural justice. The Court ruled that “one who hears must decide” and remanded the matter for fresh adjudication.

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

May 21, 2026 1227 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 702 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 96 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 111 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.

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