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Judiciary

GST Offences Triable by Magistrate with Limited Punishment: Orissa HC Grants Bail

February 4, 2026 252 Views 0 comment Print

The High Court granted bail noting that the alleged GST offences carry a maximum punishment of five years and are triable by a Magistrate. The ruling underscores that prolonged custody is not justified in such circumstances.

Section 68 Addition Deleted Where Deposits Were Temporary for Student VISA & Repaid

February 4, 2026 348 Views 0 comment Print

The Tribunal deleted a cash credit addition after finding that temporary family deposits were fully explained. The ruling confirms that genuine, short-term deposits cannot be taxed without contrary evidence.

ITAT Surat Remands Section 54F Claim to AO for Fresh Review of Additional Evidence

February 4, 2026 399 Views 0 comment Print

The Tribunal found that the first appellate authority decided the case without proper hearing and remanded the issue of section 54F deduction for fresh examination of additional evidence.

Disability protection laws do not apply to voluntary Retirement from service: Delhi HC

February 4, 2026 231 Views 0 comment Print

The High Court upheld CAT orders rejecting reinstatement where the employee had himself opted for voluntary retirement. The ruling clarifies that disability protection laws do not apply to voluntary exit from service.

Ad-Hoc 5% Expense Disallowance Held Unsustainable by ITAT

February 4, 2026 288 Views 0 comment Print

The Assessing Officer disallowed expenses merely alleging cash payments without evidence. The Tribunal ruled that expenses supported by records and banking transactions cannot be disallowed on presumptions.

No Permanent Establishment Found, Revenue Appeal Dismissed by SC

February 4, 2026 288 Views 0 comment Print

The Supreme Court declined to interfere where courts below found no permanent establishment in India due to offshore execution of contracts. The ruling confirms that profit attribution fails without a PE.

Delhi HC Affirms No PE in India; Offshore Supply Alone Not Taxable

February 4, 2026 366 Views 0 comment Print

The High Court upheld the Tribunal’s finding that no permanent establishment existed as contracts were executed and completed outside India. The ruling confirms that offshore supply alone does not create tax liability.

Reopening Below ₹50 Lakh Without PCCIT Approval Is Invalid

February 4, 2026 303 Views 0 comment Print

The issue concerned reopening based on notices never validly served on the assessee. The Tribunal held that defective service of notices strikes at the root of jurisdiction and invalidates the reassessment.

SC Dismisses SFIO Probe Plea for Delay and Lack of Statutory Satisfaction

February 4, 2026 666 Views 0 comment Print

The Supreme Court rejected the challenge to an SFIO investigation order due to massive delay and lack of merit. It upheld the High Court’s finding that statutory conditions under Section 212 were not properly satisfied.

Bombay HC Quashed SFIO Investigation for Lack of Material & Non-Application of Mind

February 4, 2026 699 Views 0 comment Print

The High Court set aside the SFIO probe after finding that the Central Government failed to show sufficient material or reasons. The ruling reiterates that investigations cannot be ordered mechanically or on vague allegations.

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