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Judiciary

SBP Regime: Once Arbitrator Appointed U/s 11, Validity of Arbitration Clause Cannot Be Reopened U/s 34

February 6, 2026 324 Views 0 comment Print

The dispute concerned whether courts could revisit the validity of an arbitration clause after appointing an arbitrator. The Supreme Court held that once the Section 11 order became final under the pre-2015 regime, the issue could not be reopened.

No quashing of GST Summons as it were issued only for inquiry and not Initiation of proceedings

February 6, 2026 591 Views 0 comment Print

Summons under Section 70 of the CGST Act was only a step in the process of inquiry. Mere issuance of summons could not be equated with arrest or initiation of recovery proceedings.

Section 80P Win for Credit Societies – Savings Bank Interest Is Business-Attributable

February 6, 2026 324 Views 0 comment Print

The tribunal held that interest earned on savings bank deposits is attributable to the business of providing credit to members. Such incidental bank interest qualifies for full deduction under Section 80P(2)(a)(i).

Re-assessment U/s 147 Quashed as Time-Barred — Stay Period Ends on Date of Vacation, Not Communication

February 6, 2026 369 Views 0 comment Print

The issue was whether reassessment completed after a court stay complied with statutory timelines. The Tribunal held that limitation resumes from the date the stay is vacated, rendering the reassessment time-barred.

Section 29A Mandate Can Be Extended Even After Award – Late Award Is Unenforceable, Not Void

February 6, 2026 393 Views 0 comment Print

Supreme Court held Section 29A time can be extended even after a delayed arbitral award; late award is unenforceable, not void, and mandate extension remains permissible.

No TDS on Overseas Commission; Section 40(a)(i) Disallowance Deleted, Revenue Appeal Dismissed

February 6, 2026 543 Views 0 comment Print

The case examined whether commission paid to overseas agents attracts TDS and disallowance. The Tribunal held that services rendered abroad are not chargeable to tax in India, nullifying Section 40(a)(i).

Article 227 Cannot Be Used to Strike Off Plaint When CPC Remedy Exists – SC Restores Suit

February 6, 2026 477 Views 0 comment Print

Supreme Court held High Courts cannot use Article 227 to strike off a plaint when CPC remedies exist; suit restored and defendants directed to pursue Order VII Rule 11 CPC.

Borrowed Satisfaction from Insight Portal Invalid; Re-opening Section 68 Addition Quashed

February 6, 2026 519 Views 0 comment Print

The issue was whether reopening based only on portal information is valid. The Tribunal held that absence of independent inquiry and tangible material vitiates reassessment and nullifies the addition.

Section 148 Notice Served on 01-04-2021 Invalid; Re-opening Quashed for Non-Compliance with 148A

February 6, 2026 543 Views 0 comment Print

ITAT Surat held reassessment invalid where notice u/s 148, though dated 31-03-2021, was issued on 01-04-2021 without following s.148A procedure; entire reassessment quashed.

Crypto Loan Interest = Cost of Acquisition; Deduction Allowed Despite Section 115BBH

February 6, 2026 573 Views 0 comment Print

The dispute examined whether loan interest used to buy virtual digital assets could be deducted. The ruling held that such interest forms part of cost of acquisition and is allowable despite Section 115BBH restrictions.

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