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Judiciary

No Opportunity of Hearing: ITAT Lucknow Remands Section 69A Addition

February 2, 2026 405 Views 0 comment Print

The Tribunal found that reasonable opportunity was not given at assessment or appellate stage. The ₹17.94 lakh addition was remanded for fresh adjudication.

Salary Paid to Transferred Government Staff Allowed as Business Expense

February 2, 2026 333 Views 0 comment Print

The Tribunal dismissed the Revenue’s appeal, noting that transferred employees performed functions entirely for the assessee. Salary expenditure was held to be incurred for business purposes.

Writ Dismissed for Misleading Court on Withdrawal of Prior GST Challenge

February 2, 2026 267 Views 0 comment Print

The Court held that the petitioner suppressed the fact of an earlier withdrawn writ challenging the same order. The petition was dismissed with costs and limited relief granted only for statutory application.

Appeal Dismissed for Repetitive Recovery Applications Instead of Auction Steps

February 2, 2026 273 Views 0 comment Print

The tribunal upheld dismissal of a bank’s appeal, holding that repeated applications were unnecessary when earlier orders already permitted recovery through auction of attached properties.

Interest Cut to 10% Sustained by DRAT; Lender’s Appeal Dismissed

February 2, 2026 198 Views 0 comment Print

The Appellate Tribunal upheld the reduction of future interest where the lender failed to disburse the entire sanctioned loan on time. The ruling affirms that tribunals may lower interest rates when lender conduct affects project completion.

Addition Deleted as Cash Payment Explained Through Bank Withdrawals

February 2, 2026 324 Views 0 comment Print

The Tribunal held that cash paid for a flat booking was explained through documented bank withdrawals. Unexplained investment addition was therefore deleted.

CESTAT Quashed Service Tax Demand Since Mining Lease Is Exercise of Sovereign Right

February 2, 2026 1050 Views 0 comment Print

The Tribunal examined whether royalty and dead rent from mining leases could be taxed as renting of immovable property. It held that grant of mining rights is a sovereign function and not a taxable service.

Failure to Pay 75% Bid Amount as per Rule 9(4) Invalidates SARFAESI Auction

February 2, 2026 591 Views 0 comment Print

The Tribunal held that payment of the balance sale consideration without a written extension violates Rule 9(4). Auction sale and sale certificate were therefore declared invalid.

Capital gains indexation cannot begin from an arbitrary later year: ITAT Surat

February 2, 2026 3048 Views 0 comment Print

The Tribunal found that indexation was wrongly applied from a later year. It held that long-term capital gains must be computed from the first year the property was held.

Duplicate GST Interest Demand for Same GSTR-3B Period Quashed by Madras HC

February 2, 2026 540 Views 0 comment Print

The Court held that issuing two interest demands for delay in filing GSTR-3B for the same period amounted to duplication and double taxation, and quashed the second order.

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