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Judiciary

Excess ITC Case: Telangana HC Declines Vires Challenge to Section 16(2)(c)

April 25, 2026 315 Views 1 comment Print

The court declined to examine the constitutional validity of Section 16(2)(c) in absence of clear factual basis. It held that disputed facts must be examined through statutory appellate remedies.

GST ITC Denial on GSTR-2A Mismatch: Telangana HC Allows Rectification Route

April 25, 2026 393 Views 0 comment Print

The court addressed denial of input tax credit due to mismatch with GSTR-2A and missing invoices. It allowed the taxpayer to seek rectification with supporting documents before the proper officer.

Rs. 2.52 Cr Addition Set Aside – Ex-Parte Assessment Restored Due to Communication Failure & Lack of Opportunity

April 25, 2026 282 Views 0 comment Print

ITAT found that assessment and appeal orders were passed without proper opportunity due to communication issues. The case was remanded for fresh adjudication after granting fair hearing.

On-Money Addition Deleted – No Evidence Beyond Third-Party Pen Drive & Statements

April 25, 2026 1194 Views 0 comment Print

ITAT Mumbai deleted Section 69 addition for alleged on-money as no direct evidence linked assessee. Pen drive data lacked Section 65B proof and cross-exam was denied, rendering addition unsustainable.

CAAR: Classification of Polymer Sheet Goods Under 3921 Tariff Headings

April 25, 2026 363 Views 0 comment Print

The authority ruled that panels with engineered edges and contours exceed the scope of sheets under Chapter Note 10. This led to their exclusion from Heading 3921 and classification under Heading 3925.

Section 68 Addition for Share Premium Addition Deleted due to Limited Scrutiny Breach

April 25, 2026 4083 Views 0 comment Print

The Tribunal held that the AO exceeded the scope of limited scrutiny by invoking Section 68 without prior approval. The assessment was quashed as legally unsustainable, and the addition was deleted.

Additions Based on WhatsApp Chats Third-Party Statements Deleted – No Evidence, No Cross-Examination

April 24, 2026 411 Views 0 comment Print

The Tribunal upheld relief where the assessee provided proof of agricultural activities and income. It rejected additions based solely on statements without investigation. The case underscores the importance of documentary support.

Full Section 54 Exemption Allowed – Pre-Purchase Payments Also Count Towards Investment

April 24, 2026 780 Views 0 comment Print

The Tribunal held that total investment in the new property must be considered for exemption, not just payments within one year. It allowed full capital gains exemption as conditions were substantially met.

On-Money Addition u/s 69 Deleted – Third-Party Excel Data & Statements Held Insufficient

April 24, 2026 462 Views 0 comment Print

ITAT Mumbai deleted Section 69 addition on alleged on-money, holding third-party statements and unverified pen drive data lack evidentiary value without corroboration or cross-examination, upholding natural justice.

No Need for CGAS Deposit If Entire Capital Gains Utilised Before Filing Return – Matter Remanded for Verification

April 24, 2026 360 Views 0 comment Print

The Tribunal held that deposit in the capital gains scheme is not required if the entire amount is invested before filing the return. The claim was allowed subject to verification.

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