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Judiciary

Benami Attachment Set Aside as Verification Fails to Link Jewellery to Alleged Beneficial Owner

March 2, 2026 339 Views 0 comment Print

The Tribunal quashed the attachment after verification showed only four items matched the alleged seller and no material established benami holding. The provisional attachment under PBPTA was held unsustainable.

Interest Under Section 28 of Land Acquisition Act Not Taxable as ‘Other Sources’: ITAT Delhi

March 2, 2026 963 Views 0 comment Print

ITAT Delhi held that interest awarded under Section 28 is an accretion to compensation and cannot be taxed as income from other sources. The appeal was allowed following Supreme Court precedent.

Penalty u/s. 114AA of Customs Act set aside in absence of corroborative evidence in fraudulent export syndicate

March 2, 2026 477 Views 0 comment Print

CESTAT Kolkata held that penalty under section 114AA of the Customs Act is not sustainable in absence of cogent, tangible or corroborative evidence linking connection of appellant in fraudulent export by forming a syndicate. Accordingly, appeal is allowed and penalty is set aside.

Section 9 IBC Petition Revived Because Post-Section 10A Defaults Exceeded ₹1 Crore Threshold

March 2, 2026 243 Views 0 comment Print

NCLAT held that invoices with default dates beyond the Section 10A period cannot be barred under the COVID suspension provision. The ₹2.36 crore claim was restored for fresh consideration.

Demand notice u/s. 13(2) of SARFAESI is valid notice of invocation of guarantee

March 2, 2026 474 Views 0 comment Print

NCLAT Delhi held that demand notice under section 13(2) of the SARFAESI Act is a valid notice of invocation of personal guarantee for the Insolvency proceeding. Accordingly, appeal is dismissed.

Assessment Order Invalid as Failure to Click Portal Button Cannot Defeat Right to Hearing

March 2, 2026 564 Views 0 comment Print

Setting aside the assessment, the Court held that non-selection of a portal option cannot deprive an assessee of oral hearing. Denial of such opportunity amounted to violation of natural justice.

GST SCN Quashed as Clubbing Multiple Financial Years Violates Section 74 Scheme

March 2, 2026 1950 Views 0 comment Print

The Bombay High Court set aside a consolidated GST show cause notice covering five financial years, holding that Section 74 mandates year-wise assessment and limitation. The ruling clarifies that tax demands must strictly follow the statutory financial year structure.

Section 153C Assessment Quashed Because Consolidated Satisfaction Note Lacked Year-Wise Incriminating Material

March 2, 2026 1179 Views 0 comment Print

ITAT Delhi held that recording a single satisfaction note for multiple assessment years violates Section 153C requirements. As no year-specific incriminating material was identified, the assessments were quashed along with the related penalty.

ITAT Allows Project Completion Method Because AO Failed to Invoke Section 145(3)

March 1, 2026 774 Views 0 comment Print

Tribunal held that rejection of the Project Completion Method was invalid as the Assessing Officer did not record satisfaction under section 145(3). Income was directed to be recomputed under the method consistently followed by the assessee.

ITAT Allows Software Expenses as Revenue Because Licences Were Short-Term and Non-Exclusive

March 1, 2026 894 Views 0 comment Print

Tribunal held that application software licences with limited duration and no ownership rights are revenue expenditure. It deleted the disallowance and ruled that remand by the Commissioner (Appeals) was unjustified.

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