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Section 54B Deduction Allowed Even If Farming Done Through Villagers: ITAT Hyderabad

April 14, 2026 414 Views 0 comment Print

The case addresses whether third-party cultivation affects Section 54B eligibility. The Tribunal ruled that use of land for agriculture, even via villagers, satisfies legal conditions. The decision reinforces substance over form in proving agricultural use.

CPC Section 143(1) Adjustment Invalid if done without Prior Intimation: ITAT Delhi

April 14, 2026 348 Views 0 comment Print

The Tribunal ruled that failure to issue prior notice before making adjustments violates the mandatory provisions of Section 143(1)(a). Such procedural lapse renders the entire adjustment legally unsustainable.

Income Tax Section 143(1) Adjustments Without Opportunity of Hearing Unsustainable

April 14, 2026 396 Views 0 comment Print

The Tribunal held that adjustments made without issuing prior notice to the assessee violate the mandatory proviso to Section 143(1)(a). Such actions were declared legally unsustainable and liable to be deleted.

ITAT Delhi Allows TDS Credit as CPC Failed to Issue Mandatory Notice

April 14, 2026 225 Views 0 comment Print

The Tribunal held that CPC cannot make adjustments without issuing prior notice under Section 143(1)(a). The disallowance of TDS credit was set aside for lack of jurisdiction.

Karnataka HC Granted Relief Based on Precedent Without Fresh Adjudication

April 14, 2026 2451 Views 0 comment Print

The Court held that the matter was already settled by an earlier decision on identical facts. It extended the same relief, emphasizing consistency in judicial rulings.

Section 43B Not Applicable as Electricity Duty Is Not Assessee’s Liability: P&H HC

April 14, 2026 474 Views 0 comment Print

The Court held that electricity duty collected by a licensee is not its own liability but that of consumers. As a result, Section 43B was found inapplicable and the disallowance was rightly deleted.

Karnataka HC Set Aside ITC Denial Due to Failure to Examine Genuine Transactions

April 14, 2026 276 Views 0 comment Print

The Court held that input tax credit cannot be denied solely because the selling dealer failed to deposit tax without examining the genuineness of transactions. The matter was remanded for reconsideration of whether the assessee discharged its burden of proof.

Delhi HC Set Aside ITC Demand Due to Lack of Specific Findings on Supplier Tax Payment

April 14, 2026 300 Views 0 comment Print

The Court held that denial of input tax credit cannot be sustained without clear findings that suppliers failed to pay tax. The matter was remanded for fresh adjudication after proper examination.

ITC Denial Set Aside Due to Non-Speaking Order: Delhi HC Remands Case

April 14, 2026 261 Views 0 comment Print

The Court set aside the GST demand as the adjudicating authority failed to consider the taxpayer’s submissions. It held that lack of reasoning invalidates the order.

Dept. could not allege clandestine removal of goods without proper investigation u/s 9D Excise Act

April 14, 2026 237 Views 0 comment Print

Clandestine removal could not be sustained on mere assumptions or third-party statements without corroborative evidence and statutory compliance under Section 9D.

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