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Judiciary

Stamp Duty Value on Allotment Date Applies Under Section 56(2)(x): ITAT Mumbai

January 12, 2026 912 Views 0 comment Print

The Tribunal held that where consideration for a flat is paid through banking channels, stamp duty value as on the date of allotment must be adopted. Addition under Section 56(2)(x) based on registration-year valuation was quashed.

Opening Balances and Proven Loans Cannot Be Taxed on Suspicion: ITAT Mumbai

January 12, 2026 9024 Views 0 comment Print

Upholding the CIT(A)s order, the Tribunal held that settled law bars additions made without factual verification. The case reinforces strict limits on arbitrary taxation of loan transactions.

AP HC Set Aside 18% GST on Road-laying works for Fresh Assessment

January 12, 2026 489 Views 0 comment Print

The dispute concerned whether internal road works were taxable at 12% or 18% under GST. The High Court set aside the higher rate levy on road works and directed reassessment after considering the public road certificate.

Motor Car Disallowance Deleted as Ownership & Business Use Proved: ITAT Mumbai

January 12, 2026 237 Views 0 comment Print

ITAT deleted disallowance of depreciation, loan interest, and fuel expenses after finding cars were registered in the company’s name. Ad-hoc personal use disallowance without evidence was held unsustainable.

NCLAT Allows Rectification Because of Clerical Error in Earlier Order

January 12, 2026 615 Views 0 comment Print

The issue concerned an incorrect prayer reproduced in an appellate order. The Tribunal allowed correction and directed insertion of the proper prayer from the application.

Third-Party Material Alone Can’t Trigger Section 153A for Unabated Years: ITAT Delhi

January 12, 2026 429 Views 0 comment Print

The Tribunal held that for years where assessments were already completed, additions under Section 153A cannot survive without incriminating material found during search. Large additions based on third-party statements and assumptions were therefore deleted.

Income Tax Refund Interest Eligible for Section 80-IA deduction: ITAT Hyderabad

January 12, 2026 3135 Views 0 comment Print

The Tribunal held that interest on income-tax refund is taxable in the year of receipt and qualifies for Section 80-IA deduction, regardless of the year to which the refund relates.

Adverse GST Orders Require Hearing Even Without Assessee’s Request: MP HC

January 12, 2026 882 Views 0 comment Print

The High Court held that failure to grant a personal hearing before passing an adverse GST order violates Section 75(4), rendering the demand invalid.

Minor COVID-19 Delay Condoned; HC Directs Return Reprocessing with Exemption Benefits

January 12, 2026 381 Views 0 comment Print

The case examined whether short delays in filing mandatory exemption forms during the pandemic could be condoned. The High Court held that minor delays caused by COVID-19 were condonable and directed reprocessing of the return with exemption benefits.

P&H HC Rejected SARFAESI Section 14 Application Due to Unapproved Assignment Deed

January 12, 2026 441 Views 1 comment Print

The court examined whether possession assistance could be granted when the assignee’s rights were pending approval. It upheld the rejection, holding that verification of a valid assignment is mandatory under Section 14.

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