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Judiciary

Reassessment Quashed as U/s 148 Notice Issued After TOLA Time Limit

January 3, 2026 531 Views 0 comment Print

Applying the timelines prescribed in Rajeev Bansal, the Tribunal found the notice issued after the permissible window. The ruling reinforces strict adherence to limitation in reassessment cases.

No GST on Affiliation and Related Fees charged by University

January 3, 2026 2139 Views 0 comment Print

This decision clarifies that affiliation and related functions lack commercial intent and consideration. As a result, GST cannot be imposed on such statutory activities.

Reassessment Quashed Due to Invalid Section 148 Notice

January 3, 2026 993 Views 0 comment Print

The Tribunal held that a notice dated 31.03.2021 but dispatched after 01.04.2021 is governed by the new reassessment regime. Failure to follow section 148A procedures rendered the entire reassessment void.

DDT Can’t Beat DTAA: ITAT Orders Refund at 10% Treaty Rate

January 3, 2026 987 Views 0 comment Print

The Tribunal held that Dividend Distribution Tax is effectively a tax on shareholder dividend income and is subject to DTAA benefits. Excess tax collected above the treaty rate was ordered to be refunded.

Section 14A Disallowance Deleted Due to Availability of Own Funds

January 3, 2026 447 Views 0 comment Print

The Tribunal held that when interest-free own funds exceed investments, no interest disallowance under section 14A can be made. The ruling reinforces that presumption favours the taxpayer in such cases.

Cloud point not significant parameter hence detaining of bulk liquid cargo of Distillate Oil quashed

January 3, 2026 408 Views 0 comment Print

Gujarat High Court held that detaining of bulk liquid cargo of Distillate Oil is liable to be quashed detaining since cloud point is not a significant parameter in as much as other significant parameters are satisfied.

Notification and circular under Customs Act cannot take away benefit under FTP and HBP

January 3, 2026 654 Views 0 comment Print

CESTAT Chennai held that notifications and circulars issued under the Customs Act, 1962 cannot take away the benefit which is otherwise available under the Foreign Trade Policy [FTP] and Handbook of Procedure [HBP].

Recovery by income tax department prior to conclusion of trial under PMLA is erroneous in law

January 3, 2026 711 Views 0 comment Print

Delhi High Court held that application of income tax department for release of FDR towards tax liability not entertained until conclusion of trial under Prevention of Money Laundering Act, 2002 [PMLA] since PMLA has an overriding effect over the provisions of Income Tax Act.

Provision of interest on loan from state government being ascertained liability cannot be disallowed u/s. 37

January 3, 2026 354 Views 0 comment Print

ITAT Pune held that provision of interest on loan from state government is ascertained liability and hence couldn’t be disallowed under section 37 of the Income Tax Act. Accordingly, the appeal is allowed.

Transfer of case u/s. 127 to centralize assessment of all connected persons is justifiable

January 3, 2026 672 Views 0 comment Print

Punjab and Haryana High Court held that transfer of case from Chandigarh to Panaji under section 127 of the Income Tax Act to centralize the assessment of all connected or linked persons at one place is justifiable. Accordingly, the present petition is dismissed.

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