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Judiciary

ITAT Deletes Section 271D Penalty Due to Absence of Assessment Proceedings

May 9, 2026 552 Views 0 comment Print

ITAT Delhi held that levy of penalty under Section 271D requires pending or completed assessment proceedings containing findings on Section 269SS violation. Since no regular assessment was framed, the penalty was directed to be deleted.

ITAT Deletes Section 69A Addition as WhatsApp Chats Alone Cannot Prove Cash Payments

May 9, 2026 6660 Views 0 comment Print

Delhi ITAT held that uncorroborated WhatsApp messages and digital chats cannot by themselves establish undisclosed cash transactions. The Tribunal deleted additions made solely on presumptions without independent evidence.

Benami Veil Cannot Be Lifted by Clever Drafting: SC Restores Rejection of Plaint at Threshold

May 9, 2026 444 Views 0 comment Print

The Supreme Court held that courts must undertake a meaningful reading of the plaint and reject suits that indirectly seek enforcement of prohibited benami transactions. The ruling strengthens Order VII Rule 11 CPC as a safeguard against sham and legally barred litigation.

ITAT Deletes Demonetisation Cash Deposit Addition as Withdrawals Exceeded Deposits

May 9, 2026 252 Views 0 comment Print

Delhi ITAT held that cash deposits during demonetisation cannot be treated as unexplained when supported by prior bank withdrawals. The Tribunal ruled that the Revenue must prove cash was spent elsewhere before invoking Section 69A.

Specific Performance Decree Does Not Die Automatically: SC Revives Execution Despite Delay in Deposit

May 9, 2026 381 Views 0 comment Print

The Supreme Court held that a decree for specific performance does not automatically become unenforceable merely because the purchaser failed to deposit the balance sale consideration within the stipulated time.

IBC Is Not a Recovery Shortcut: SC Rejects CIRP in Builder-Bank-Borrower Dispute

May 9, 2026 435 Views 0 comment Print

The Supreme Court held that insolvency proceedings under the IBC cannot be invoked merely to recover disputed dues arising from contractual transactions.

No Signature, Yet Bound by Arbitration: SC Allows Collaborator to Invoke Arbitration Clause

May 9, 2026 330 Views 0 comment Print

The Supreme Court held that a collaborator essential to contract execution and bound through a Deed of Joint Undertaking can invoke the arbitration clause despite not being a direct signatory.

Entire Bank Deposits Cannot Be Taxed as Income – ITAT Restricts Addition to 2% in Renukamata Society Cases

May 9, 2026 1542 Views 0 comment Print

The Pune ITAT held that entire cash deposits in bank accounts cannot automatically be treated as unexplained income when the assessee appears to be only a conduit in an accommodation entry network. The Tribunal restricted the taxable addition to 2% of deposits after finding no evidence of actual enrichment.

No GST demand against Mumbai University as GST not leviable on University Affiliation Fees

May 9, 2026 411 Views 0 comment Print

Assessee – university challenged an order issued under Section 74(1) of the CGST Act confirming GST demand of Rs.16.90 crores along with equivalent penalty and interest on affiliation fees collected by the University for the period 2017-18 to 2022-23.

ITAT Deletes Expense Disallowance as CAM Charges Were Taxed as Business Income

May 8, 2026 378 Views 0 comment Print

DCIT-CC-8(4) Vs Offbeat Developers Private Limited (ITAT Mumbai) The Mumbai Income Tax Appellate Tribunal examined Revenue appeals involving disallowances made on various expenses claimed by a mall developer engaged in leasing property and providing related services, where income was offered under both “Income from House Property” and “Profits and Gains from Business or Profession.” The […]

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