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Judiciary

GSTAT Ordered Reinvestigation After Errors Found in Profiteering Calculation

January 13, 2026 381 Views 0 comment Print

The tribunal remanded the matter after the respondent admitted incorrect figures were submitted earlier, directing reinvestigation so that profiteering is recalculated on correct data.

GST Rate Cut Not Passed On in Cinema Tickets, Profiteering Confirmed by GSTAT

January 13, 2026 528 Views 0 comment Print

The tribunal held that failure to reduce ticket prices after a GST rate cut amounted to profiteering and upheld recovery of the excess amount. The ruling clarifies that tax benefits must be passed on through commensurate price reduction.

Madras HC Suspends Sentence in Section 276CC Prosecution Pending Revision

January 13, 2026 198 Views 0 comment Print

The High Court suspended the jail sentence in a tax offence case during pendency of revision. The key takeaway is that substantial grounds in revision justify interim relief.

Section 148 Reopening Notice Issued Late is Invalid: ITAT Delhi

January 13, 2026 486 Views 0 comment Print

It was ruled that a reassessment notice issued after expiry of the extended limitation is void. The takeaway is that delayed action under the new reassessment regime is fatal.

Illegal Section 143(2) Notice Vitiates Search-Based Assessment

January 13, 2026 639 Views 0 comment Print

The notice under section 143(2) did not conform to the CBDT-prescribed format. ITAT ruled that a defective notice strikes at jurisdiction and invalidates the assessment.

Bombay HC Quashed GST Demand for Treating Leasehold Assignment as Supply of Service

January 13, 2026 8187 Views 0 comment Print

The Bombay High Court held that assignment of long-term leasehold rights in immovable property does not constitute a supply of services under the GST law. The Court quashed the GST demand, ruling that such transfers fall outside the scope of taxable supply.

Section 263 Cannot Expand Beyond Limited Scrutiny Scope: ITAT Delhi

January 13, 2026 459 Views 0 comment Print

The Tribunal held that revision under section 263 cannot introduce issues outside the original limited scrutiny mandate. The key takeaway is that the PCIT cannot widen the inquiry beyond CASS-selected parameters.

No Double Tax on Cash Sales Recorded in Books: ITAT Delhi

January 13, 2026 687 Views 0 comment Print

The Tribunal held that cash deposits arising from genuine sales already recorded in books cannot be taxed again as unexplained money. The key takeaway is that such additions amount to impermissible double taxation.

GST SCN Quashed for Clubbing Multiple Assessment Years: Karnataka HC

January 13, 2026 1125 Views 0 comment Print

The High Court held that a single notice covering several financial years violates Section 73 of the CGST Act. Each assessment year must be proceeded against independently within its own limitation period.

Form-10B Delay Due to Pandemic Gets Fresh Hearing by ITAT

January 13, 2026 348 Views 0 comment Print

The dispute concerned denial of exemption due to belated filing of Form-10B. ITAT held the delay was not fatal and directed fresh consideration in light of the CBDT circular.

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