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Judiciary

ITAT Mumbai Restored Section 11 Exemption After Delay in Form 10B is Condoned

January 15, 2026 441 Views 0 comment Print

The Tribunal held that exemption under section 11 cannot be denied once the delay in filing Form 10B stands condoned. The Assessing Officer was directed to verify and allow the exemption in accordance with law.

Bogus Purchase Addition Deleted Without Remand Report Violates Rule 46A Procedure

January 15, 2026 477 Views 0 comment Print

The Tribunal held that relief based on additional evidence without obtaining a remand report breaches Rule 46A(3). The matter was remanded for fresh adjudication after proper verification.

Rule 46A Violation Rejected as All Documents Were Before AO: Chhattisgarh HC

January 15, 2026 393 Views 0 comment Print

The issue was whether the appellate authority relied on fresh evidence without following Rule 46A. The High Court upheld deletion of the addition, holding that all documents were already on record before the Assessing Officer.

ITC Blocking Beyond One Year Invalid Without Fresh Grounds: P&H HC

January 15, 2026 543 Views 0 comment Print

The Court examined whether ITC could remain blocked under Rule 86A beyond one year on the same allegations. It held that continuation or re-blocking without fresh grounds is impermissible, and the blocked credit must be released.

GST Order Invalid Where Final Demand Exceeded Proposed Amount: Allahabad HC

January 15, 2026 657 Views 0 comment Print

The High Court examined a GST demand raised beyond the amount mentioned in the show-cause notice. Holding it violative of Section 75(7), the Court quashed the demand and ordered fresh adjudication.

Bogus LTCG from Penny Stock Allegation Rejected for Genuine Long-Term Share Holding

January 15, 2026 570 Views 0 comment Print

The High Court upheld deletion of addition where the Assessing Officer relied on undisclosed information. The ruling reinforces that additions cannot be sustained without confronting the assessee with material evidence.

SC Upholds HC Relief as Assessment Was Set Aside for Violating Interim Stay; SLP Dismissed on Delay

January 15, 2026 333 Views 0 comment Print

SC dismissed SLP due to huge delay with costs. HC had quashed reassessment since it was issued despite stay on further proceedings.

Section 147 Reassessment Invalid: Order Passed Despite Stay on Further Proceedings

January 15, 2026 432 Views 0 comment Print

The Court set aside an assessment passed despite an existing stay order, holding that proceedings undertaken in violation of judicial restraint cannot stand.

Customs Duty Paid Under Protest Deductible in Year of Payment: ITAT Delhi

January 15, 2026 417 Views 0 comment Print

The Tribunal considered whether provisional customs duty payments qualify for deduction. It ruled that Section 43B permits deduction on payment basis regardless of later refunds.

Earlier-Year R&D Approval Claims Must Be Considered Despite Later Recognition: Delhi HC

January 15, 2026 318 Views 0 comment Print

The Court examined whether denial of R&D approval for earlier years was justified despite later recognition. It directed authorities to reconsider applications afresh, stressing that prior years cannot be ignored without proper reasoning.

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