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Judiciary

Section 269SS Inapplicable to One-Time Cash Payment on Sale Deed: ITAT Chandigarh

January 10, 2026 10803 Views 0 comment Print

The ruling clarifies that specified sum under section 269SS refers to advances linked to property transfers. Cash received as final consideration at registration cannot trigger penalty under section 271D.

Unexplained Jewellery Addition Scaled Down on Human Probability

January 10, 2026 567 Views 0 comment Print

The Tribunal applied common sense to accept that some jewellery belonged to visiting relatives. It granted partial deletion, stressing that complete relief requires corroborative evidence.

Employee Not Liable for Employer’s Failure to Deposit Salary TDS: ITAT Patna

January 10, 2026 1011 Views 0 comment Print

The tribunal rejected demand raised solely due to Form 26AS mismatch caused by employer non-deposit of TDS. The key principle is that employees cannot be penalised for failures beyond their control.

Karnataka HC Quashed GST SCN as Multiple Years Were Clubbed

January 9, 2026 732 Views 0 comment Print

The High Court set aside a GST notice covering four tax periods in one proceeding. It held that Section 73 requires year-wise notices with separate limitation for each assessment year.

Madras HC Quashed GST SCN as Multiple Financial Years Were Clubbed

January 9, 2026 1155 Views 0 comment Print

The High Court held that issuing a single GST show cause notice for more than one financial year is impermissible. Each financial year is a separate unit with its own limitation period.

Section 197 TDS Rate Cannot Be Raised Once PE Finding Is Set Aside: Delhi High Court

January 9, 2026 792 Views 0 comment Print

The Court set aside a 3.5% TDS certificate after the PE finding relied upon by the Revenue was overturned by the ITAT. The earlier 1.5% rate was restored due to lack of legal foundation.

Toll plaza receipts not mandatory for justifying actual physical movement of goods under GST

January 9, 2026 6483 Views 0 comment Print

Allahabad High Court held that toll plaza receipts not mandatory for justifying actual physical movement of goods since e-way bill and tax invoice duly produced. Accordingly, order not justified in the eyes of law.

Gold and Cash Seized in Search Released on Payment of Advance Tax

January 9, 2026 543 Views 0 comment Print

While search proceedings were still pending, the Court permitted release of seized jewellery and cash after petitioners deposited amounts against possible tax demand. No view was taken on merits of explanations.

Reassessment based on material found by AO of searched person is untenable in absence of satisfaction note u/s. 153C

January 9, 2026 1089 Views 0 comment Print

Gujarat High Court held that reopening of assessment u/s. 147 of the Income Tax Act solely on the basis of material found by AO of searched person without satisfaction note as prescribed under section 153C is untenable in law.

Clinical trial to foreign service recipients not liable to tax under GST

January 9, 2026 651 Views 0 comment Print

Karnataka High Court held that clinical trial to foreign service recipients is not liable to tax under GST since the place of recipient of the services provided by the petitioner is outside the territory of India. Accordingly, present writ is allowed.

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