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Judiciary

Chilling of Milk Held to Be Processing for Section 80IB(11A) Benefit: ITAT Hyderabad

February 2, 2026 300 Views 0 comment Print

The issue centred on whether chilling is merely cooling or a technical process. The Tribunal held that chilling involves scientific tests and preservation steps, constituting processing under the Act and justifying the deduction.

Section 43B Claim Rejected as Deemed Payment Theory Disallowed

February 2, 2026 696 Views 0 comment Print

The assessee relied on deemed payment after transferring employee dues to another entity. The Tribunal ruled that section 43B recognises only real payment and set aside the relief granted by the appellate authority.

Order Passed Against Deceased Assessee Not Invalid by Default: ITAT Hyderabad

February 2, 2026 492 Views 0 comment Print

The Assessing Officer treated all cash deposits as unexplained income under Section 115BBE. The Tribunal held that deposits prima facie represented IOC sales and required factual verification before any addition.

Rule 27 Cannot Be Used to Raise New Jurisdictional Challenge: ITAT Hyderabad

February 2, 2026 420 Views 0 comment Print

The dispute concerned whether transfer through a release deed amounted to a taxable sale and justified loss claims. The Tribunal remanded the matter, directing verification of books to examine the genuineness of the claimed loss.

ITAT Chandigarh Quashed Reassessment Due to JAO Issuing Notice Post-Faceless Mandate

February 2, 2026 528 Views 0 comment Print

The issue concerned reassessment initiated through a non-faceless notice despite a binding notification. The ruling confirms that violation of the faceless framework vitiates reassessment proceedings.

Section 148 Notice Issued by Jurisdictional AO was Without Authority: ITAT Chandigarh

February 2, 2026 507 Views 0 comment Print

The Tribunal held that reassessment based on a notice issued by the wrong authority cannot survive in law. The decision highlights strict adherence to procedural requirements under the faceless regime.

ITAT Chandigarh Upholds CIT(A)’s Power to Remand Ex-Parte Assessment

February 2, 2026 303 Views 0 comment Print

The Tribunal upheld the CIT(A)’s power to remand an ex-parte assessment for fresh adjudication. It ruled that such action was within jurisdiction, leading to dismissal of the Revenue’s appeal.

Section 271(1)(c) Penalty Deleted as Underlying Assessment Order Was Set Aside

February 2, 2026 597 Views 0 comment Print

The issue was whether penalty could survive after the assessment order was set aside. The Tribunal held that once the basis of the addition is extinguished, penalty under Section 271(1)(c) cannot be sustained.

Reassessment Upheld as Section 148 Notice Issued Before Company Was Struck Off: ITAT Surat

February 2, 2026 1107 Views 0 comment Print

The Tribunal held that reassessment remains valid when the notice is issued while the company is still on the ROC records. Subsequent striking off does not nullify initiated proceedings.

GST Demand Quashed for Denial of Mandatory Section 75(4) Personal Hearing

February 2, 2026 699 Views 0 comment Print

The High Court set aside a GST demand after finding that no personal hearing was granted under Section 75(4). The ruling reiterates that adverse GST orders cannot be passed without following mandatory hearing requirements.

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