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Judiciary

Multiple Floors in Single Building Not Separate Houses for Section 54 deduction: ITAT Mumbai

February 27, 2026 1782 Views 0 comment Print

The Tribunal held that redevelopment involved transfer of the entire immovable property, entitling the assessee to indexed cost on the full asset. Restricting indexation to 22.5% land share was ruled unsustainable.

EPFO Claim Based on Post-Moratorium Assessment Not Admissible in CIRP: NCLAT Delhi

February 27, 2026 471 Views 0 comment Print

NCLAT held that provident fund dues assessed during moratorium under Section 14 IBC cannot be admitted in CIRP. The resolution plan providing ₹5,000/- was upheld.

Ex Parte GST Order Quashed for Not Exploring Alternate Service Modes Under Section 169

February 27, 2026 405 Views 0 comment Print

The Court held that though portal upload is valid service, failure to provide effective opportunity and personal hearing vitiated the assessment order.

Notice Under Section 148 Quashed for Exceeding Limitation Computed Under TOLA

February 27, 2026 669 Views 0 comment Print

The High Court quashed a Section 148 notice issued after the surviving limitation period, holding it time-barred under Supreme Court rulings in Ashish Agarwal and Rajeev Bansal.

ITAT Deletes ₹50 Lakh On-Money Addition; Section 54F Issue Remanded to check Commercial Use

February 27, 2026 327 Views 0 comment Print

Section 54F Deduction Remanded as Tenants’ Affidavits Suggest Commercial Use of Properties,  No Addition Without Corroborative Evidence: ITAT Deletes ₹50 Lakh On-Money Addition in Property Deal and Presumption Under Section 132(4A) Cannot Be Applied Against Assessee When Documents Seized from Third Party

Not So Fast! Madras High Court Shields Directors from Automatic GST Recovery

February 27, 2026 2979 Views 0 comment Print

The Court ruled that personal liability under Section 89 cannot be invoked without giving the director an opportunity to prove absence of negligence. Bank attachment without notice violated natural justice.

No Vested Right to Promotion After Cadre Abolition, SC Sets Aside HC Direction

February 26, 2026 381 Views 0 comment Print

The Court held that mere recommendation for promotion does not create an accrued right when no D.P.C. or select list was prepared. Since the cadre was abolished before completion of the process, appointments under repealed rules were impermissible.

GST Show Cause Notice Cannot Cover Multiple Financial Years: Madras HC

February 26, 2026 828 Views 0 comment Print

The Court quashed a composite assessment order, holding that Sections 73 and 74 require separate show cause notices for each financial year due to distinct limitation periods.

LTCG Addition Deleted as AO Failed to Prove Share Transactions Bogus Under Section 68

February 26, 2026 432 Views 0 comment Print

ITAT Mumbai deleted the Section 68 addition on LTCG from listed shares, holding that documentary evidence, STT payment, and banking trail were not disproved by the Revenue.

Bail Granted in GST Case Due to Prolonged Custody, Completed Investigation & No Antecedents

February 26, 2026 456 Views 0 comment Print

Observing that the charge-sheet had been filed and the maximum punishment under Section 132 was five years, the Court granted bail. It relied on Supreme Court precedent emphasizing that prolonged incarceration and documentary evidence weigh in favour of release.

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