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Judiciary

Section 56(2)(viib) Share Premium Addition Inapplicable After Assessee Became Subsidiary of Public Company

January 11, 2026 888 Views 0 comment Print

The Tribunal held that Section 56(2)(viib) could not be applied once the assessee qualified as a company in which the public are substantially interested. The ruling clarifies that the charging provision itself fails where statutory exclusion applies.

Section 153C Assessment Quashed for Undated Satisfaction Note & Two-Year Delay

January 11, 2026 570 Views 0 comment Print

The High Court held that proceedings under Section 153C cannot stand where the satisfaction note lacks a date and is communicated after an unexplained two-year delay. Strict compliance with statutory requirements was reaffirmed.

Reassessment Dispute Relegated to Income Tax Appeal Due to Pending SC Decision

January 11, 2026 396 Views 0 comment Print

The Delhi High Court declined to rule on the validity of GST limitation-extension notifications as the issue is pending before the Supreme Court. The taxpayer was directed to pursue the statutory appellate remedy, with protection against limitation.

Delay in GST Confiscation Proceedings Addressed as Court Fixes Timeline for Decision

January 11, 2026 447 Views 0 comment Print

The Court dealt with a challenge to a confiscation show cause notice where jurisdictional confusion delayed proceedings. It directed a time-bound reply, personal hearing, and adjudication while leaving merits open.

Bail Granted as Woman Accused Exempt from Twin Conditions Under PMLA

January 11, 2026 732 Views 0 comment Print

The Court examined whether the stringent twin conditions for bail under the PMLA applied to a woman accused in a money laundering case. Holding that the statutory proviso applied, the Court granted bail, emphasizing delayed proceedings and completed investigation.

Orissa HC Stayed GST Demand as Audit Report Issued by Unauthorised Officer

January 11, 2026 942 Views 0 comment Print

The High Court stayed GST recovery proceedings after finding that the audit report triggering the demand was issued by an officer lacking statutory authority, indicating a prima facie jurisdictional defect.

DART Allahabad Allowed Bank Appeal as Possession Notice Date Error Held Typographical

January 11, 2026 291 Views 0 comment Print

The appellate tribunal held that a date discrepancy in the possession notice was a harmless typographical error. It ruled that SARFAESI procedures were substantially complied with and restored the bank’s recovery action.

ITAT Delhi Deleted Cash Addition as On-Money Allegation Lacked Evidence

January 11, 2026 846 Views 0 comment Print

The addition for alleged cash paid towards property purchase was deleted as the transaction itself stood cancelled. The ruling confirms that cancelled transactions weaken unexplained cash allegations.

Income Tax Reassessment Quashed for Lack of Proper Sanction: ITAT Kolkata

January 11, 2026 465 Views 0 comment Print

The Tribunal ruled that reassessment actions taken by the faceless assessment centre before the notified date were without authority. The final assessment order was therefore held invalid.

GST Demand Covering Pre-Resolution Period Invalid After NCLT Approval: Bombay HC

January 11, 2026 432 Views 0 comment Print

The High Court ruled that GST demands including periods before resolution plan approval are legally unsustainable and must be quashed.

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