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Judiciary

Royalty Included but Other Levies Excluded from Transaction Value Due to Statutory Nature

February 9, 2026 510 Views 0 comment Print

The Tribunal held that royalty is includible in transaction value only for the normal period, while other statutory levies are excluded. Extended limitation, penalty, and interest were set aside due to absence of intent to evade duty.

Sec. 11 exemption was allowed on Industrial Development Corporation’s infrastructure activities

February 9, 2026 396 Views 0 comment Print

Since the primary object was the advancement of an object of general public utility without a profit motive, the activities did not constitute trade, commerce, or business. Therefore, the restrictions in the proviso to Section 2(15) were not applicable and assessee was held entitled to the exemption under Section 11.

GST Advance Ruling Denied Where Issue Already Decided in departmental Proceedings

February 9, 2026 396 Views 0 comment Print

The Appellate Authority clarified that refund-related queries are not among the issues specified for advance rulings under the CGST Act. The ruling underscores the limited scope of advance ruling jurisdiction.

Deduction Denied for Unproven Political Donations Due to Suspected Accommodation Entries

February 9, 2026 1725 Views 0 comment Print

The Tribunal upheld disallowance of political donation deductions where the assessee failed to prove genuineness and the transactions were linked to suspected accommodation entries. The ruling reinforces the burden on taxpayers to substantiate claims under section 80GGC with credible evidence.

Accommodation Entry Addition Set Aside for Fresh Verification of Investigation Wing Inputs

February 8, 2026 816 Views 0 comment Print

The Tribunal remanded the case after finding that the addition was made solely on Investigation Wing inputs without proper verification or disclosure of details to the taxpayer.

Selective Year-to-Year Expense Comparison Can’t Justify Ad Hoc Disallowance Without Defects

February 8, 2026 777 Views 0 comment Print

The ruling clarified that increased expenditure in one year, by itself, does not permit partial disallowance. The Assessing Officer must demonstrate lack of business purpose or genuineness.

Two-Day Loan Repayment Not Proof of Bogus Entry: Delhi HC

February 8, 2026 861 Views 0 comment Print

The High Court held that quick repayment alone cannot establish a paper transaction when identity, creditworthiness, and genuineness are proved through records.

Adverse SFIO–SEBI Findings cannot justify additions When CCM Trades Are Fully Disclosed

February 8, 2026 906 Views 0 comment Print

The Tribunal held that adverse regulatory findings alone cannot justify tax additions when client code modification trades are already recorded in the books and profits are disclosed.

No Separate Condonation Plea Needed When Delay Is Apparent on Record: NCLAT Chennai

February 8, 2026 537 Views 0 comment Print

The Appellate Tribunal held that delay can be condoned without a formal application if sufficient cause is evident from the record, allowing insolvency proceedings to continue on merits.

Suspended Director Cannot Dispute Debt After Invoking Insolvency on Same Default

February 8, 2026 390 Views 0 comment Print

The Appellate Tribunal held that once insolvency is initiated by admitting a bank’s default, the suspended director cannot later challenge the validity or limitation of that very claim.

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