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Judiciary

CIT(E) Cannot Suspend Tax Benefits Based on Possible Future Litigation Outcome: ITAT Mumbai

May 21, 2026 243 Views 0 comment Print

ITAT Mumbai held that the Commissioner of Income Tax (Exemptions) cannot impose independent or contingent conditions while granting registration under Section 12AB. The Tribunal ruled that tax benefits could not be kept subject to the outcome of a proposed Supreme Court appeal.

ITAT Mumbai Quashes Reassessment Because It Was Based on Mere Change of Opinion

May 21, 2026 447 Views 0 comment Print

ITAT Mumbai held that reassessment proceedings initiated after scrutiny assessment were invalid because they relied on the same material already examined earlier. The Tribunal ruled that reassessment cannot be used to review a previously accepted claim.

ITAT Deletes Section 68 Addition as Assessee Proved Identity, Creditworthiness & Source of Source

May 21, 2026 414 Views 0 comment Print

The Tribunal observed that the assessee had repaid the unsecured loan along with interest after deducting TDS and the lender had offered interest income to tax. These facts supported the genuineness of the transaction and rendered the Section 68 addition unsustainable.

ITAT Deletes Section 43CA Addition as DVO Valuation Difference Was Within 10% Safe Harbour Limit

May 21, 2026 267 Views 0 comment Print

Mumbai ITAT held that no addition under Section 43CA could survive where difference between agreement value and DVO valuation remained within 10% tolerance band. Tribunal ruled that safe harbour benefit applies once DVO valuation substitutes stamp duty value.

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

May 21, 2026 309 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 312 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 420 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.

Resolution applicant could not alter Financial Proposal through Last-Minute addendum after challenge process

May 21, 2026 255 Views 0 comment Print

A resolution applicant could not unilaterally alter its financial proposal through a last minute addendum after completion of the challenge process and commencement of voting under the Corporate Insolvency Resolution Process (CIRP).

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

May 21, 2026 198 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 375 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.

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