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Judiciary

DRI power to issue SCN u/S.4 was upheld in recovery of drawback amount

January 29, 2026 597 Views 0 comment Print

DRI had jurisdiction and was empowered under Section 4 of the Customs Act, 1962 to issue show cause notices (SCN) proceedings for recovery of drawback amounts peculiarly cases involving fraudulent or erroneous grant of drawback.

Bail Denied Due to Alleged Large-Scale Fake ITC Through Bogus Firms

January 29, 2026 663 Views 0 comment Print

The High Court refused bail in a GST case involving allegations of operating multiple non-existent firms to pass on fake ITC worth over ₹315 crore, holding that economic offences warrant a strict approach.

ITAT Mumbai Allows Professional Fees & Foreign Branch Expenses u/s 37(1) for Strategic Investments

January 29, 2026 333 Views 0 comment Print

Professional fees and foreign branch expenses incurred by a strategic investment company were allowable under Section 37(1) in the absence of any finding that the expenditure was excessive, unreasonable

SLP Filed Only to Get SC Stamp Dismissed Due to 426-Day Delay & Vague Explanation

January 29, 2026 396 Views 0 comment Print

The Supreme Court upheld the High Court’s quashing of a reassessment notice, holding that reopening based only on existing records was invalid and refusing to condone a 426-day delay.

Gujarat HC Quashed Reopening Due to Absence of Fresh Tangible Material

January 29, 2026 426 Views 0 comment Print

High Court set aside reassessment proceedings after finding that the notice was based only on existing records, with no new material to justify reopening of the completed scrutiny assessment.

CIT(A) Cannot Dismiss Appeal In Limine Without Adjudication on Merits

January 29, 2026 489 Views 0 comment Print

The appeal was dismissed solely on procedural grounds without hearing the assessee. The Tribunal held that the CIT(A) is duty-bound to decide appeals on merits after granting a proper opportunity.

Section 153A Invoked for Wrong Year; Second Search Abates First – ITAT Quashes Search Assessment for AY 2020-21

January 29, 2026 474 Views 0 comment Print

The Tribunal examined whether Section 153A could be applied to the search year itself. It held that invoking Section 153A for the wrong assessment year was invalid, rendering the assessment void.

ITAT Chandigarh Quashed Reassessment Beyond Four Years for No Disclosure Failure

January 29, 2026 657 Views 0 comment Print

The Tribunal held that reopening after four years is invalid without alleging failure to disclose material facts. The reassessment was barred by the proviso to section 147.

Rural Agricultural Land Outside Section 56(2)(vii)(b): ITAT Deletes ₹59.33 Lakh Addition

January 29, 2026 1050 Views 0 comment Print

The Tribunal held that rural agricultural land excluded from capital asset under Section 2(14) cannot be taxed under Section 56(2)(vii)(b). Addition based on stamp duty valuation was therefore deleted in full.

Wrong Email Service Invalidates Assessment, Matter Sent Back to AO

January 29, 2026 459 Views 0 comment Print

The Tribunal held that serving notices on an outdated email ID violates principles of natural justice. The assessment was set aside and the matter restored for fresh adjudication after proper service.

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