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Judiciary

Section 145(3) Upheld, but Arbitrary Estimation Curbed; Cold Storage Profit Recomputed Rationally

February 6, 2026 240 Views 0 comment Print

The case examined rejection of books under Section 145(3) and estimation of profits in a cold storage business. While rejection was upheld, arbitrary enhancement of rates and quantities was struck down, resulting in partial relief.

Wrong AY = No U/s 69A Addition; Seized Cash Taxable Only in Year of Seizure

February 6, 2026 579 Views 0 comment Print

The ITAT ruled that unexplained cash can only be assessed in the year in which it is seized. An addition made in an incorrect assessment year is legally unsustainable and must be deleted.

Section 271A Penalty Sustained Despite VSV Settlement; Non-Maintenance of Books Proved

February 6, 2026 489 Views 0 comment Print

The dispute centered on a statutory obligation to maintain books of account. The tribunal confirmed that non-compliance attracts penalty under Section 271A, which cannot be deleted without substantive rebuttal.

Telescoping Allowed; Cash Found Explained from Firm’s Surrendered Income

February 6, 2026 573 Views 0 comment Print

The case addressed overlapping taxation of seized cash and disclosed unaccounted profits. The final ruling emphasized substance over form and deleted the addition by extending telescoping benefits to the partner.

AAAR Odisha Denied ITC as Cross-Country Gas Pipelines Treated as Immovable Property

February 6, 2026 2631 Views 0 comment Print

The appellate authority held that underground natural gas pipelines are immovable property. ITC on goods and works contract services used for their construction was ruled to be blocked under Section 17(5).

AAAR Odisha Allowed GST Exemption as Medical Procurement Is Pure Service

February 6, 2026 336 Views 0 comment Print

The appellate authority held that centralized procurement and distribution support for free medicines constitutes pure services. As the activity is linked to public health functions, GST exemption under Notification 12/2017 was granted.

Temporary Spare Parts Storage is Incidental, Not Fixed Establishment for GST: AAAR Odisha

February 6, 2026 804 Views 0 comment Print

The Appellate Authority held that repair and maintenance services invoiced and controlled by the head office do not require separate State registration merely because engineers perform services locally.

Addition Based Solely on Husband’s Statement During Survey u/s 133A Unsustainable: ITAT Guwahati

February 5, 2026 462 Views 0 comment Print

The tribunal held that additions made solely on the basis of a statement recorded from an employee during survey proceedings are unsustainable in law. Statements by non-assessees cannot justify undisclosed income additions without independent corroboration.

Protective Additions u/s 68 & 69C Invalid Once Substantive Addition Sustained: ITAT Mumbai

February 5, 2026 342 Views 0 comment Print

ITAT Mumbai held that protective additions under Sections 68 and 69C cannot survive once substantive additions are confirmed in the hands of beneficiaries. The ruling prevents double taxation of the same income and limits misuse of protective assessments.

No indefinite pretrial detention when existence of proceeds of crime is doubted

February 5, 2026 363 Views 0 comment Print

Delhi High Court held that there cannot be indefinite pretrial detention when the existence of proceeds of crime itself is seriously in doubt. Accordingly, continued detention is not warranted hence bail application allowed and regular bail granted.

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