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Judiciary

ITAT Deletes Protective Addition as Partner Cannot Be Taxed for Firm’s Alleged Bogus Purchases

May 15, 2026 273 Views 0 comment Print

ITAT Raipur held that alleged bogus purchases relating to a partnership firm could not be taxed protectively in the hands of one partner without direct linkage. The Tribunal upheld deletion of the Rs.1.92 crore addition made on protective basis.

J&K HC Orders GST Registration Restoration Despite Time-Barred Appeal

May 15, 2026 225 Views 0 comment Print

The Jammu & Kashmir High Court directed restoration of GST registration even though the statutory appeal had been dismissed as barred by limitation. The relief was made conditional upon filing returns and payment of tax, penalty, and interest.

Calcutta HC Stays Coercive Action as Reassessment for AY 2015-16 Was Alleged to be Time Barred

May 15, 2026 279 Views 0 comment Print

The Calcutta High Court restrained the Income Tax Department from taking coercive steps in reassessment proceedings for AY 2015-16. The petitioner argued that the Section 148 notice issued in December 2024 was barred by limitation under the first proviso to Section 149.

Liquidated Damages for Contract Breach Not Taxable as ‘Tolerance of Act’ Service

May 15, 2026 249 Views 0 comment Print

CESTAT Delhi ruled that compensation and liquidated damages recovered for contractual breaches do not amount to consideration for tolerating an act under Section 66E(e). The Tribunal set aside the service tax demand on penalties and liquidated damages.

ITAT Restores Addition Dispute as DGFT Import-Export Data Was Not Shared With Assessee

May 15, 2026 210 Views 0 comment Print

The Mumbai ITAT restored additions relating to unreconciled DGFT import and export figures after finding that complete data relied upon by the Department had not been furnished to the assessee. The Tribunal directed fresh adjudication after providing detailed DGFT records and an opportunity for reconciliation.

Share Premium Addition Removed as ITAT Finds No Cross-Examination of Alleged Entry Operator

May 15, 2026 396 Views 0 comment Print

Tribunal ruled that reliance on statement of an alleged accommodation entry provider without furnishing statement or allowing cross-examination violated principles of natural justice.

Orissa HC Reduces Motor Accident Compensation as Income Tax Was Not Deducted

May 15, 2026 252 Views 0 comment Print

The Orissa High Court modified a motor accident compensation award after finding that the Tribunal failed to deduct income tax while calculating loss of dependency. The Court recalculated compensation using the deceased’s taxable income under the new tax regime.

ITAT Directs Rectification of ₹3.84 Crore Demand Due to Clerical Error in Return Filing

May 15, 2026 255 Views 0 comment Print

ITAT Agra held that an inadvertent disclosure of exempt income under “income from other sources” could not deny exemption to an educational institution. The Tribunal directed rectification of the tax demand after verifying eligibility under Section 10(23C)(iiiab).

ITAT Dismisses Revenue Appeal as Education Cess Exclusion Reduced Tax Effect Below ₹60 Lakh

May 15, 2026 207 Views 0 comment Print

ITAT Delhi held that the Revenue’s appeal was not maintainable after excluding Education Cess from tax effect computation. The Tribunal dismissed the appeal as the tax effect fell below the CBDT threshold limit of Rs.60 lakh.

No Tax on Deemed Rent of Unsold Flats as Builder Treated Them as Business Stock: ITAT Pune

May 15, 2026 297 Views 0 comment Print

Tribunal ruled that unsold flats shown as stock-in-trade by a real estate developer cannot attract notional rent taxation. The decision relied on earlier judicial precedents recognizing such assets as part of business operations.

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