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Judiciary

Suspicion Is Not Evidence: ITAT Deletes Rs. 3.68 Crore ‘On-Money’ Addition Based on Flat Allotment Letters

June 11, 2026 252 Views 0 comment Print

The Tribunal found that none of the purchasers examined by the Department had admitted making cash payments to the assessee. In the absence of statements, receipts, diaries, or other incriminating material, the allegation of on-money remained unsubstantiated. The addition based on presumptions was therefore set aside.

CIT(E) Cannot Ignore Existing Approval and Deny 12AB Renewal: ITAT Grants Relief to Jio Institute

June 11, 2026 147 Views 0 comment Print

The Tribunal found that the assessee had duly complied with statutory requirements by obtaining approval after modifying its objects. The CIT(E)’s finding of non-compliance was therefore contrary to the record. Renewal of registration was directed in the absence of any adverse findings on charitable activities.

Section 154 Rectification Allowed for Inadvertent LTCG Error in ITR: ITAT Kolkata

June 11, 2026 324 Views 0 comment Print

The Tribunal held that an inadvertent mistake in Schedule 112A relating to the acquisition period of mutual fund units could be rectified under Section 154. Since the evidence showed that the assets were acquired before 31.01.2018, the Assessing Officer was directed to recompute the capital gains after verification.

Loose Papers Alone Cannot Justify Income Tax Reopening Without Corroborative Evidence: Gujarat HC

June 11, 2026 231 Views 0 comment Print

The Court held that reassessment proceedings cannot be sustained merely on the basis of an unsigned and unauthenticated loose paper lacking any connection with the taxpayer. In the absence of corroborative evidence linking the petitioner to the alleged transaction, the reopening notice and reassessment order were set aside.

ITAT Remands Reassessment Case Due to Failure to Examine Additional Evidence

June 11, 2026 132 Views 0 comment Print

ITAT Delhi set aside the assessment after finding that the assessees additional evidence had not been properly scrutinized by the tax authorities. The Tribunal emphasized adherence to principles of natural justice before sustaining additions.

West Bengal AAR Denies Reclaim of Reversed ITC Despite Retrospective Section 16(5) Amendment

June 11, 2026 189 Views 0 comment Print

The Authority held that retrospective insertion of Section 16(5) does not permit reclaim of ITC already reversed under earlier rulings. It clarified that the amendment only overrides Section 16(4) and does not dilute other eligibility conditions under Section 16.

Concessional Tax Rate Cannot Be Denied Solely for Form 10-IC Late Filing: ITAT Delhi

June 11, 2026 165 Views 0 comment Print

The Tribunal held that delayed filing of Form 10-IC should not defeat the assessee’s substantive right to opt for the concessional tax regime under Section 115BAA. Since the intention to avail the lower tax rate was evident from the records, the benefit was allowed.

Bombay HC Sets Aside Rejection of VAT Appeal Delay Plea as COVID Orders Extended Limitation

June 11, 2026 171 Views 0 comment Print

The Bombay High Court held that limitation under Section 35 of the Goa VAT Act must be computed after excluding the COVID period where the assessment order itself was served during that period. The matter was remanded for fresh consideration of delay condonation.

Telangana HC Sends Rice Milling GST Demand Dispute to Appellate Forum

June 11, 2026 60 Views 0 comment Print

The Telangana High Court held that if a taxpayer files an appeal within the prescribed period along with the statutory pre-deposit, recovery proceedings should not be initiated. The ruling reinforces the protection available to assessees during the appeal process under the GST law.

Telangana HC Directs GST Appeal Against Section 74 Demand on Rice Milling By-Products

June 11, 2026 75 Views 0 comment Print

The Telangana High Court held that if an appeal is filed within the prescribed period along with the statutory pre-deposit, recovery proceedings should not continue. The key takeaway is that taxpayers are protected from coercive recovery while availing their appellate remedy.

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