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Judiciary

ICAI NIRC Member’s Removal Quashed as Short-Notice Meeting Lacked Majority Approval

May 10, 2026 1113 Views 0 comment Print

The Delhi High Court held that one of the meetings relied upon for automatic vacation of the petitioner’s seat was convened without proper notice under Regulation 142. Consequently, the ICAI communication declaring the seat vacant was quashed.

Notional Interest Addition Deleted Because Only Real Income Can Be Taxed: ITAT Delhi

May 10, 2026 429 Views 0 comment Print

ITAT Delhi confirmed deletion of addition on alleged diversion of interest-bearing funds, holding that hypothetical or notional income cannot be brought to tax. The ruling relied on the principle that only real income is taxable.

AP HC Sets Aside GST Assessment Because Single Order Covered Multiple Financial Years

May 10, 2026 918 Views 0 comment Print

The Andhra Pradesh High Court held that a composite GST assessment order covering multiple financial years violated Sections 73 and 74 of the GST Act. The matter was remanded for separate assessment proceedings for each year.

Orissa HC Refuses to Continue GST Writ as GSTAT Was Functional

May 10, 2026 312 Views 0 comment Print

Fayaj Infratech Private Limited Vs Joint Commissioner (Appeal) (Orissa High Court) In this case before the Orissa High Court, the petitioner challenged an order dated 1 September 2025 passed by the Assistant Commissioner of State Tax, Bhubaneswar IV Circle, under Section 74 of the Central Goods and Services Tax Act, 2017 and the Odisha Goods […]

Search Year Must Be Included in 10-Year Block for Reassessment: Gujarat HC

May 10, 2026 417 Views 0 comment Print

The Court ruled that Explanation 1 to Section 153A requires inclusion of the search assessment year while calculating the extended ten-year reassessment period.

Chhattisgarh HC Denies GST Reimbursement as Contract Made Contractor Liable for Taxes

May 10, 2026 330 Views 0 comment Print

The High Court distinguished contracts of other government departments that contained clauses for reimbursement of new taxes and held that no such parity could be claimed in the present case.

Calcutta HC Orders Refund as Section 245 Adjustment Exceeded 20% of Disputed Demand

May 10, 2026 504 Views 0 comment Print

The High Court held that adjustment of refunds beyond 20% of disputed tax demand during pendency of appeal was unsustainable without proper justification. It directed refund of the excess amount adjusted under Section 245 of the Income Tax Act.

AP HC Allows ITC Claim Due to Extended Time Limit Under Section 16(5)

May 10, 2026 390 Views 0 comment Print

The Andhra Pradesh High Court held that ITC claims for FY 2019-20 filed in October 2020 were valid because Section 16(5) extended the filing deadline up to 30.11.2021.

ITAT Indore Remands TDS Credit Dispute for Verification of Form 16A and Form 26AS

May 9, 2026 495 Views 0 comment Print

ITAT Indore set aside the appellate order denying TDS credit after the assessee produced Form 16A and Form 26AS showing deduction and payment of tax by the deductor. The matter was remanded to the Assessing Officer for verification and grant of eligible credit.

ITAT Allows Section 54F Deduction as Demolished Property Was Not Habitable

May 9, 2026 687 Views 0 comment Print

The ITAT Ahmedabad held that a demolished and uninhabitable structure could not be treated as a residential house for Section 54F purposes. The Tribunal upheld the assessee’s eligibility for capital gains exemption.

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