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Judiciary

Separate Society Registration Invalid as Building Was One Integrated Structure: Bombay HC

March 4, 2026 10236 Views 0 comment Print

The Bombay High Court held that a separate cooperative society could not be registered for shops forming part of a single building already governed by an existing society. The Court ruled that registration under Section 9 cannot be used to indirectly fragment an existing society.

Reassessment Notice Quashed as Issued Beyond Surviving Limitation Under TOLA and Section 149

March 2, 2026 1410 Views 0 comment Print

The High Court held that only 30 days of limitation survived after applying TOLA and Supreme Court rulings. Notices issued after expiry of the surviving period were declared time-barred.

Seismic survey services in connection with oil exploration is not in nature of FTS/Royalty

March 2, 2026 408 Views 0 comment Print

Delhi High Court held that seismic survey services in connection with exploration of oil cannot be held to be in nature of Fees for Technical Services [FTS]/Royalty and hence not covered under section 44DA of the Income Tax Act. Accordingly, writ petition is allowed.

Appeal Rejected as Not Maintainable Because Filed Before Incorrect ITAT Bench

March 2, 2026 2193 Views 0 comment Print

The Tribunal held that an appeal filed before a Bench lacking territorial jurisdiction is not maintainable and cannot be transferred. Liberty was granted to approach the correct Bench with a delay condonation petition.

No TDS on Excess Interest Spread as Originator Not an Investor Under Section 194LBC

March 2, 2026 459 Views 0 comment Print

The Tribunal held that EIS paid to originators is not subject to TDS because the originator had not subscribed to PTCs and was not an investor. Since statutory conditions under Section 194LBC were not met, demand under Sections 201 and 201(1A) was deleted.

Calcutta HC Orders Re-evaluation of Income Tax Refund Claim Because Records Date Back Three Decades

March 2, 2026 495 Views 0 comment Print

The Court directed the PCCIT to appoint a senior officer to re-examine a refund claim where both parties lacked decades-old records. A reasoned decision must be taken to ensure any legitimate refund is not denied.

ITAT Mumbai Denied Section 80JJAA Deduction as Claim Not Made in Original Return

March 2, 2026 2184 Views 0 comment Print

ITAT Mumbai held that deduction under Section 80JJAA cannot be allowed when not claimed in the original return of income. Section 80A(5) bars such belated claims raised for the first time before appellate authorities.

Rs. 50 Lakh LIC Investment Treated as Unexplained Due to Failure to Prove HUF Source

March 2, 2026 747 Views 0 comment Print

The Tribunal upheld addition under Section 69 as the assessee failed to establish that the LIC investment belonged to the HUF. Mere assertion of agricultural income without documentary evidence was held insufficient.

Customs Confiscation Order Quashed for Failure to Issue Mandatory Section 124 SCN

March 2, 2026 585 Views 0 comment Print

The Madras High Court held that issuance of show cause notice under Section 124 of the Customs Act is mandatory before confiscation of goods. Even alleged waiver by the importer cannot override statutory and natural justice requirements.

153A Assessment Quashed Because No Incriminating Material Found in Assessee’s Search

March 2, 2026 411 Views 0 comment Print

ITAT Delhi upheld CIT(A) s order holding that reassessment under Section 153A cannot stand without incriminating material seized from the assessee. The Revenue’s appeal was dismissed.

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