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Judiciary

Assessment Proceedings invalid Without Valid Section 143(2) Notice: ITAT Indore

April 28, 2026 588 Views 0 comment Print

The issue was whether a notice issued before filing of return satisfies Section 143(2) requirements. The Tribunal held such notice is invalid, rendering the assessment void ab initio.

Section 143(2) Notice Mandatory for Valid Section 143(3) Assessment: ITAT Indore

April 28, 2026 516 Views 0 comment Print

The Tribunal restored appeals dismissed for non-prosecution, citing pandemic-related disruption and sufficient cause. It directed fresh adjudication while imposing costs on the assessee.

Telangana HC Allows Delayed GST Appeal: Emphasis on Fair Opportunity to Taxpayer

April 28, 2026 345 Views 0 comment Print

The issue involved challenge to a GST demand order where appeal was delayed. The Court allowed filing of appeal with delay condonation, ensuring the matter can be decided on merits.

Foreign Tax Credit Cannot Be Denied for Delay in Form 67 – ITAT Remands for Verification

April 28, 2026 354 Views 0 comment Print

The issue was denial of FTC due to delayed filing of Form 67. ITAT held that delay is procedural and directed authorities to grant credit after verification.

Penalty U/s 270A Quashed – Failure to Specify ‘Misreporting Limb’ in Notice Held Fatal

April 28, 2026 987 Views 0 comment Print

The issue was whether penalty under Section 270A is valid without specifying the exact charge. ITAT held that absence of a specific limb of misreporting makes the penalty invalid.

Section 12AB & 80G Rejection Set Aside – ITAT Holds ‘Proposed Activities’ Sufficient, Orders Fresh Consideration

April 28, 2026 480 Views 0 comment Print

The issue was denial of registration due to non-commencement of activities. ITAT held that proposed activities and initial steps like investment are sufficient and ordered reconsideration.

CBDT Instruction 1916 Applies to Taxation Too – ITAT Deletes Jewellery Addition Within Prescribed Limits

April 28, 2026 4695 Views 0 comment Print

The issue was whether jewellery found during search can be taxed despite CBDT limits. ITAT held that jewellery within prescribed limits cannot be treated as unexplained income.

Section 10AA Deduction Allowed Despite Late Filing of Form 56F – Procedural Lapse Held Curable

April 28, 2026 390 Views 0 comment Print

The issue was denial of deduction due to delayed filing of Form 56F. ITAT held that delay is a procedural lapse and directed allowance of deduction.

Telangana HC Permits Appeal Against Ex-Parte GST Order – Relief from Bank Attachment

April 28, 2026 219 Views 0 comment Print

The issue was a GST order passed without considering the taxpayer’s reply or giving reasons. The Court allowed filing of appeal with delay condonation and protected the taxpayer from coercive recovery.

Agricultural Land Outside Municipal Limits Not a Capital Asset; Section 153C Proceedings Invalid Without Incriminating Material

April 28, 2026 576 Views 0 comment Print

The court examined whether reassessment could proceed without any incriminating material from search. It held that absence of such material vitiates jurisdiction, leading to quashing of proceedings.

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