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Judiciary

Transfer of leasehold property with constructed building attracted Section 50C

May 22, 2026 270 Views 0 comment Print

The Tribunal held that leasehold rights transferred with land and building fall within the ambit of Section 50C. The matter relating to reassessment validity was sent back for fresh adjudication.

Section 154 Rectification Valid as DSIR Form 3CL Determined Eligible R&D Deduction

May 22, 2026 207 Views 0 comment Print

ITAT Mumbai held that Form 3CL issued by DSIR could not be treated as additional evidence during rectification proceedings since it had already been sent to the jurisdictional Assessing Officer. The Tribunal restored the issue for fresh quantification of deduction under Section 35(2AB).

Orissa High Court Quashes GST Demand Due to Denial of Personal Hearing

May 22, 2026 273 Views 0 comment Print

The Orissa High Court set aside GST demand and rectification orders after finding that the taxpayer’s reply and request for personal hearing were ignored. The Court held that failure to consider the reply violated principles of natural justice.

Jharkhand HC Quashes ITC Rejection Due to Subsequent Amendment in Section 16(5)

May 22, 2026 264 Views 0 comment Print

High Court held that GST authorities must consider CBIC circular clarifying implementation of Section 16(5) before sustaining denial of input tax credit for delayed return filing.

NCLAT Upholds Section 9 Admission as Separate Supply Obligations Created Operational Debt

May 22, 2026 285 Views 0 comment Print

NCLAT held that a joint venture arrangement did not prevent insolvency proceedings where separate agreements clearly imposed supply obligations and payment responsibilities between parties. Tribunal ruled that unpaid supply dues constituted operational debt under IBC.

Unsigned Section 148 Notice Held Valid Due to Mention of AO Name and Designation

May 22, 2026 1206 Views 0 comment Print

The Delhi High Court held that a reassessment notice without physical signature remains valid when the name and designation of the Assessing Officer are clearly mentioned. The Court ruled that Section 282A(2) recognizes such authentication in the digital era.

Assessment Order Quashed Due to Email Communication Issue Despite Valid Section 148 Notice

May 22, 2026 747 Views 0 comment Print

Court upheld the validity of the Section 148 notice but set aside the assessment order after finding that notices were sent to an old email address, resulting in denial of adequate opportunity to the assessee.

ITAT Delhi Quashes Reassessment Orders for Failure to Provide Reasons for Reopening

May 22, 2026 387 Views 0 comment Print

ITAT Delhi held reassessment orders invalid because the assessee was not supplied with the recorded reasons for reopening under Section 148. The Tribunal ruled that such non-compliance violated the law laid down in GKN Driveshafts.

Opening Balances Cannot Be Added Under Section 68 as They Relate to Earlier Years

May 22, 2026 510 Views 0 comment Print

Tribunal reiterated that credits brought forward from earlier financial years cannot ordinarily be taxed under Section 68 in subsequent years. The matter was remanded for verification because the assessee had not furnished complete creditor details.

Customs Reclassification Rejected as Cold Drawn Steel Product Was Held to Be Wire and Not Wire Rod

May 22, 2026 261 Views 0 comment Print

CESTAT Chennai held that imported cold heading quality alloy steel products were classifiable as wire under CTH 7229 after undergoing cold drawing processes. The Tribunal ruled that denial of exemption and differential duty demand could not survive once the classification was found correct.

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