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Judiciary

ITAT Deletes ₹9.59 Crore Addition U/s 41(1) – Liability Cannot ‘Cease’ When Creditor Itself Confirms Amount Receivable

May 19, 2026 528 Views 0 comment Print

Mumbai ITAT held that Section 41(1) cannot be invoked merely because a liability remains unpaid for a long period. In absence of any waiver, remission, or cessation of liability, the addition was rightly deleted.

Mumbai ITAT Quashes AY 2015-16 Reassessment as Time-Barred – Revenue’s Own Concession in Rajeev Bansal Proves Fatal

May 19, 2026 468 Views 0 comment Print

Mumbai ITAT held that reassessment notice issued under Section 148 for AY 2015-16 on 31.07.2022 was barred by limitation under Section 149. The Tribunal quashed the entire reassessment proceedings and assessment order.

Fire Safety Certificate Not Mandatory for U/s 12AB Registration – ITAT Restores Charitable Trust’s Approval Matter

May 19, 2026 774 Views 0 comment Print

The Tribunal ruled that the CIT(E) failed to properly consider the assessees replies, documents, and objections before rejecting the Section 12AB application. The matter was remanded for de novo adjudication.

Nominal Members Do Not Defeat Section 80P Deduction- Bang ITAT Grants Relief to Co-operative Society

May 19, 2026 210 Views 0 comment Print

ITAT Bangalore held that the presence of associate or nominal members does not disqualify a co-operative society from claiming deduction under Section 80P(2)(a)(i). The Tribunal relied on the Supreme Court ruling in Mavilayi Service Co-operative Bank Ltd.

ITAT Quashes TP Assessment Orders as Consequential Orders Were Passed Beyond Limitation Period

May 19, 2026 252 Views 0 comment Print

ITAT Hyderabad held that assessment orders passed pursuant to earlier remand directions were barred by limitation under Section 153. The Tribunal set aside all consequential transfer pricing assessment orders dated 06.12.2024.

No Service Tax on Liquidated Damages for Contract Breach Due to Absence of Service Element

May 19, 2026 288 Views 0 comment Print

CESTAT Hyderabad held that liquidated damages received for contractual delays cannot be treated as consideration for “tolerating an act” under section 66E(e) of the Finance Act. The Tribunal set aside service tax demand and penalty imposed on such receipts.

P&H HC Grants Bail to Assistant of CA in ₹66 Crore GST Fraud Case

May 19, 2026 639 Views 0 comment Print

Punjab and Haryana High Court granted regular bail to an accused linked to alleged fake GST billing and forged documents. The Court noted that the offence was triable by a Magistrate and the petitioner had already spent about six months in custody.

Sugar Syrup Used in Biscuit Production Not Excisable Due to Lack of Marketability

May 19, 2026 201 Views 0 comment Print

CESTAT Hyderabad held that sugar syrup used in biscuit manufacturing could not be classified under tariff heading 17029090 since its fructose content was only 31%. The Tribunal set aside excise duty demands and penalties imposed on the manufacturer.

CIT(A) Cannot Order Protective Reopening for Different Assessment Year: ITAT Lucknow

May 19, 2026 255 Views 0 comment Print

ITAT ruled that appellate powers under Section 251 are confined to assessment year under appeal. Directions to reopen completed assessments for another year were held beyond jurisdiction.

Section 68 Addition Deleted – ITAT Says Investigation Wing Report Alone Cannot Prove Bogus Share Capital

May 19, 2026 363 Views 0 comment Print

Delhi ITAT held that additions under Section 68 cannot be sustained merely on Investigation Wing reports without independent enquiry by the Assessing Officer. The Tribunal deleted additions relating to alleged bogus share capital.

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