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Judiciary

Section 54B exemption granted as assessee proved nature of land as agricultural land

March 4, 2026 828 Views 0 comment Print

ITAT Delhi held that exemption under section 54B of the Income Tax Act allowed since assessee is able to prove the nature of land as agricultural land based on revenue records and income tax return, wherein, income accepted as agricultural income.

Retraction of voluntary disclosed income without giving evidence of coercion not permissible

March 4, 2026 402 Views 0 comment Print

Karnataka High Court held that taxpayer cannot be permitted to retract voluntary disclosed income admitted in return of income filed nearly 14 months after the survey without giving evidence of coercion. Accordingly, appeal of assessee stands dismissed.

TNMM wrongly rejected as most appropriate method for benchmarking guarantee fee as risk not undertaken

March 4, 2026 354 Views 0 comment Print

ITAT Mumbai held that rejecting Transactional Net Margin Method (TNMM) as the Most Appropriate Method (MAM) for benchmarking guarantee fee is not justifiable since assessee doesn’t undertake any risk of profit or loss on the said transaction.

Pending proceeding U/s 130 of CGST Act doesn’t permit retention of goods without detention order

March 4, 2026 507 Views 0 comment Print

Kerala High Court held that provisional release is not contemplated under section 130 of the CGST Act. Also held that continued detention of goods is not legally sustainable, merely because the proceedings u/s. 130 is in progress.

Year-End Provisions Attract TDS – Disallowance u/s 40(a)(ia) Does Not Bar Action u/s 201 – Matter Restored for Limited Verification – ITAT Bangalore

March 4, 2026 633 Views 0 comment Print

ITAT Bangalore held that year-end expense provisions can attract TDS under the IT Act. The matter was restored for limited verification to determine liability under Sections 201(1) and 201(1A).

CoC is bound by finality of resolution plan and cannot modify post approval

March 4, 2026 477 Views 0 comment Print

NCLAT Delhi held that post approval of Resolution Plan, the Committee of Creditors [CoC] itself is also bound by its finality and cannot be allowed to tinker with or modify the resolution plan including mechanism of distribution. Accordingly, the appeal is dismissed.

Semen Sorting Services Exempt as Job Work Supporting Animal Husbandry: GST AAR Gujrat

March 4, 2026 465 Views 0 comment Print

The Gujarat AAR held that semen sorting services performed on bovine semen qualify as job work related to animal husbandry. As an intermediate production process under SAC 9986, the service is exempt from GST.

Factory Renovation Held Revenue Expense Because No New Asset Was Created

March 4, 2026 630 Views 0 comment Print

The ITAT ruled that extensive repairs to a 25-year-old factory building were revenue in nature since no new asset or enduring advantage arose. The addition treating the expense as capital was deleted.

Faceless Reassessment Invalid Because Section 151A Scheme Was Not Yet Notified: ITAT Kolkata

March 4, 2026 2517 Views 0 comment Print

The Tribunal ruled that a reassessment order passed prior to notification of the faceless reassessment scheme under Section 151A was without jurisdiction. As the enabling notification came after the assessment date, the entire order was declared void.

Separate Society Registration Invalid as Building Was One Integrated Structure: Bombay HC

March 4, 2026 10497 Views 0 comment Print

The Bombay High Court held that a separate cooperative society could not be registered for shops forming part of a single building already governed by an existing society. The Court ruled that registration under Section 9 cannot be used to indirectly fragment an existing society.

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