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Judiciary

Reopening Quashed as No Lender Certificate Required for Let-Out Property Interest: Bombay HC

February 23, 2026 450 Views 0 comment Print

The Bombay High Court held that a lender’s certificate under Section 24(b) is not required for let-out properties assessed on actual rent. Reassessment beyond four years was invalid as there was no failure of disclosure or fresh tangible material.

CESTAT Chennai Sets Aside Custom Duty Demand as Goods Were Provisionally Assessed

February 23, 2026 570 Views 0 comment Print

The Tribunal held that demand under Section 28 cannot be raised before finalisation of provisional assessment. As the goods were cleared provisionally, the duty demand, penalties, and confiscation were quashed.

GST Not Payable on Free Supply of Construction Materials by Service Recipient: AP HC

February 23, 2026 498 Views 0 comment Print

The Andhra Pradesh High Court held that materials supplied free of cost by service recipients cannot be added to taxable value. The ruling quashed GST demand on cement and other inputs provided without consideration.

Gratuity and Leave Provisions Qualify as Application of Income under Section 11: ITAT Mumbai

February 23, 2026 909 Views 0 comment Print

The Tribunal held that actuarially valued provisions mandated by law constitute application of income under Section 11 and cannot be disallowed merely due to absence of cash outflow.

Appeal Filed Under Extended GST Scheme Cannot Be Rejected for Technical Lapse: Kerala HC

February 23, 2026 390 Views 0 comment Print

The High Court held that non-compliance with enhanced pre-deposit under the extended appeal scheme was a curable defect. It quashed the rejection and directed restoration of the appeal for consideration on merits.

Madras HC Set Aside GST Assessment Order for Lack of Personal Hearing Despite Portal Notice

February 23, 2026 459 Views 0 comment Print

The High Court held that though notice was uploaded on the GST portal, failure to grant personal hearing and explore other service modes vitiated the assessment. The matter was remanded subject to 25% tax payment.

Income Tax Refund Must Include Interest Till Actual Payment Date: Orissa HC

February 23, 2026 738 Views 0 comment Print

The Court directed tax authorities to release refund under Sections 240 and 244A with interest calculated up to the actual date of payment, following deletion of additions in appeal.

Delhi HC Sets Aside 153C Proceedings for AY 2010-11 to 2013-14 Due to Limitation

February 23, 2026 588 Views 0 comment Print

The Delhi High Court held that notices issued after the satisfaction note date were time-barred. Following earlier precedent, the impugned notices were set aside.

Section 263 Upheld Due to Lack of Enquiry on Section 54F Claim & Foreign Property Ownership

February 23, 2026 387 Views 0 comment Print

ITAT Hyderabad held that failure of the Assessing Officer to examine ownership of multiple houses while allowing Section 54F deduction made the order erroneous and prejudicial. The matter was remanded for fresh adjudication.

LTCG Addition Deleted as AO Relied Solely on Investigation Report Without Independent Inquiry

February 23, 2026 477 Views 0 comment Print

The Tribunal upheld deletion of addition under Section 68, holding that reliance on an investigation report without independent verification and without disproving documentary evidence cannot sustain bogus LTCG allegations.

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