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Judiciary

ITC Reversal Set Aside as Revenue Failed to Prove Collusion or Fake Invoices: Calcutta HC

February 14, 2026 3708 Views 1 comment Print

The High Court quashed recovery proceedings for ITC reversal, holding that mere non-deposit of tax by the supplier is insufficient without proof of collusion, fake invoices, or lack of bona fides.

Aircraft Parts Classified Under CTH 88073000 as Not Parts of General Use: CAAR Mumbai

February 14, 2026 468 Views 0 comment Print

CAAR Mumbai ruled that 176 customized aircraft components are classifiable under CTH 88073000 as Other parts of aeroplanes. The Authority held that the goods are exclusively designed for aircraft use and are not parts of general use under Section XVII Notes.

CAAR Declined Advance Ruling as Roasted Areca Nut Classification Already Settled by HC

February 14, 2026 1095 Views 0 comment Print

CAAR Mumbai refused to issue a fresh ruling on roasted areca nut classification, holding that the issue was already decided by the Madras High Court. The statutory bar under Section 28-I(2) of the Customs Act was applied.

80P(2)(a)(i) Deduction on Bank Interest Upheld – Totgars Distinguished: ITAT Chennai

February 14, 2026 330 Views 0 comment Print

The Revenue denied deduction by treating bank interest as Income from Other Sources. The ITAT dismissed the appeal, holding that the interest income forms part of business profits eligible for Section 80P.

Unsecured Loan Addition u/s 68 Deleted – Filatex Group Loans Held Genuine

February 14, 2026 333 Views 0 comment Print

ITAT Delhi upheld deletion of ₹60 lakh addition after finding that the assessee furnished confirmations, audited financials, bank statements, and Section 133(6) replies. In absence of direct evidence linking loans to accommodation entries, the addition under Section 68 was held unsustainable.

TDS Applicable on Annual Lease Rent to Development Authority: Delhi HC

February 14, 2026 696 Views 0 comment Print

The Court reaffirmed that lease rent paid for use of land qualifies as “rent” under Section 194I. Revenue’s appeals were dismissed in light of binding precedent.

Additions u/s 69C & 68 Deleted – Clerical Error in Form 3CD; Ex-Parte Order Set Aside: ITAT Chennai

February 14, 2026 288 Views 0 comment Print

The AO added expenditure based solely on a mistaken audit report entry. The ITAT deleted the addition after confirming from the concerned party that no transaction occurred.

Depreciation on Slump-Sale Goodwill Allowed – Goodwill held as Bundle of Commercial Rights; FA 2021 Amendment not Applicable to AY 2018-19

February 14, 2026 354 Views 0 comment Print

ITAT held that goodwill arising from acquisition of a business as a going concern represents a bundle of commercial and business rights. Following Supreme Court precedent, depreciation under Section 32 was allowed for AY 2018–19.

Developer Following Project Completion Method – Addition of Full Flat Sale Value Deleted; Income Taxable on Possession, not Registration

February 14, 2026 213 Views 0 comment Print

The ITAT held that for a builder following the project completion method, income arises on handing over possession and not merely on registration of sale agreement. The addition of entire sale consideration under Section 2(47) was ruled unsustainable.

Anti-Profiteering Complaint Dismissed After Re-Investigation Shows No ITC Gain

February 14, 2026 369 Views 0 comment Print

Pursuant to High Court observations and fresh investigation, GSTAT held that the developer did not gain additional ITC benefit warranting price reduction.

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