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Judiciary

Madras HC Quashes Section 148 Notices as They Were Issued by Jurisdictional AO

May 22, 2026 1020 Views 0 comment Print

The Madras High Court held that reassessment notices required to be issued by the Faceless Assessing Officer are invalid if issued by the Jurisdictional Assessing Officer. The Court followed the Bombay High Court ruling in Hexaware Technologies.

Buyer’s Premises May Qualify as Place of Removal in FOR Contracts: CESTAT Chennai

May 22, 2026 429 Views 0 comment Print

Tribunal observed that where goods are sold on FOR destination basis, the buyer’s premises may constitute the place of removal. If established on facts, CENVAT credit on outward transportation services would be admissible.

Reassessment Notices Invalid as Faceless Procedure Was Not Followed: Madras HC

May 22, 2026 858 Views 0 comment Print

The Madras High Court held that reassessment notices required to be issued by the Faceless Assessing Officer are invalid if issued by the Jurisdictional Assessing Officer.

Jharkhand HC Upholds Reassessment Proceedings as Finance Act 2026 Inserted Section 147A Retrospectively

May 22, 2026 504 Views 0 comment Print

The Jharkhand High Court held that retrospective insertion of Section 147A removed the jurisdictional challenge against reassessment notices issued under Sections 148 and 148A. The petition was disposed of without quashing the proceedings.

Bombay HC Quashes Reassessment as Broken Period Interest Deduction Issue Already Settled

May 22, 2026 516 Views 0 comment Print

The High Court ruled that deduction of broken period interest on HTM securities was a settled legal issue and could not justify reopening of assessment. The reassessment proceedings were set aside as lacking legal basis.

Only Solar Days Count for Determining PE Under India-Saudi Arabia DTAA: ITAT Bangalore

May 22, 2026 1764 Views 0 comment Print

Bangalore ITAT ruled that only solar days and not cumulative man-days should be considered while determining the existence of a Permanent Establishment under the India-Saudi Arabia DTAA. Since the assessee’s stay was only 90 days, no PE was held to exist in India.

ITAT Mumbai Deletes Tax Addition Since UAE Consultancy Firm Had No PE in India

May 22, 2026 225 Views 0 comment Print

Mumbai ITAT held that business receipts from an Indian associated enterprise were not taxable in India because the assessee had no Permanent Establishment under the India-UAE DTAA. The Tribunal ruled that mere provision of personnel did not automatically create a PE.

No Abuse of Dominance Found Since Hospital Pricing Was Not Proven Excessive or Unfair: CCI

May 22, 2026 231 Views 0 comment Print

The Commission observed that patients commonly seek treatment across Delhi-NCR and therefore defined the relevant geographic market broadly rather than limiting it to Delhi alone.

Hospital Room Charges Cannot Be Compared With Hotel Tariffs: CCI

May 22, 2026 177 Views 0 comment Print

Competition Commission of India held that hospital rooms provide medical infrastructure, emergency support, and trained healthcare staff, making them fundamentally different from hotel accommodations. It therefore rejected findings based on comparisons between hospital room rents and hotel tariffs.

Section 69A Addition Cannot Be Made Through Section 154 Rectification: ITAT Hyderabad

May 22, 2026 357 Views 0 comment Print

ITAT Hyderabad held that addition of Rs. 13 lakh under Section 69A through rectification proceedings exceeded the scope of Section 154. The Tribunal ruled that issues requiring detailed factual examination cannot be treated as mistakes apparent from record.

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