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Judiciary

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

February 2, 2026 309 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 600 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 708 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.

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 270 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The Court held that the petitioner suppressed the fact of an earlier withdrawn writ challenging the same order.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 276 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 204 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 330 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.

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