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Judiciary

No Interest Disallowance Without Nexus Between Borrowed Funds & Non-Business Advances: ITAT Lucknow

June 9, 2026 129 Views 0 comment Print

ITAT Lucknow held that disallowance of interest expenses cannot be sustained without evidence showing that interest-bearing funds were diverted for non-business purposes. The matter was remanded to the Assessing Officer for fresh examination.

SC Refuses to Revive Reassessment as Original Scrutiny Had Examined Relevant Transactions & Details

June 9, 2026 447 Views 0 comment Print

SC dismissed Revenue’s plea after Gujarat HC held that even proposed additions would not alter MAT liability, defeating escapement claims. HC found all material facts were disclosed during scrutiny assessment; SC left the order undisturbed.

NCLT Order Set Aside as Key Documents on Machinery Supply & Lease Transactions Were Not Considered: NCLAT

June 9, 2026 354 Views 0 comment Print

Finvin Investor Private Limited Vs Orix Leasing and Financial Services Limited (NCLAT Delhi) The National Company Law Appellate Tribunal (NCLAT), Delhi, disposed of two appeals arising from the same order dated 04.06.2024 passed by the National Company Law Tribunal (NCLT), Mumbai Bench, concerning an application filed under Sections 43, 66, 67 and 70 of the […]

ITAT Kolkata Allows Additional Refund Interest Due to Delay in Giving Appeal Effect

June 9, 2026 255 Views 0 comment Print

The Tribunal held that the assessee was entitled to additional interest under Section 244A(1A) because the Assessing Officer failed to pass the appeal effect order within the statutory timeline.

Demurrage Charges Not Taxable as They Are Contractual Transportation Adjustments & Not Consideration for Services

June 9, 2026 207 Views 0 comment Print

ESTAT held demurrage linked to transportation contracts is not consideration for services and cannot be taxed under Port Services or declared services.

ITAT Delhi Deletes SLS Disallowance as APA Covered Intra-Group Services

June 9, 2026 120 Views 0 comment Print

The Tribunal held that once Second Line Support services were examined and covered under an Advance Pricing Agreement, disallowance under Section 37(1) could not be sustained.

Cash Loan Transaction Enforceable as Violation Of Section 269SS Does Not Void Debt

June 9, 2026 3327 Views 0 comment Print

High Court upheld conviction under Section 138 NI Act, holding that contradictory defence evidence failed to rebut statutory presumptions. High Court ruled that breach of Section 269SS may attract penalty but does not make a cash loan unenforceable under NI Act.

NCLAT Orders Fresh Consideration as Bidder May Have Prevented Due to Technical Glitch

June 9, 2026 282 Views 0 comment Print

NCLAT held that a bidder’s exclusion due to an unresolved platform issue warranted reconsideration, especially when a higher offer was available.

Contempt Order Against Banks Invalid as Individual Contemnors Were Not Identified: NCLAT

June 9, 2026 228 Views 0 comment Print

Tribunal ruled that contempt punishment requires clear charges, show-cause notice, and opportunity of hearing before penal action. NCLAT set aside contempt directions after finding that no individual officers were identified before ordering imprisonment.

Single GST Notice for Multiple Years Not Permissible: Madras HC

June 9, 2026 273 Views 0 comment Print

The Madras High Court held that GST authorities cannot issue a single show cause notice covering multiple financial years. The Court ruled that separate notices and adjudication are required for each year under Sections 73 and 74 of the GST Act.

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