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Judiciary

Typographical Error in SCN Not Fatal, But Taxpayer Entitled to Fresh Adjudication

June 5, 2026 822 Views 0 comment Print

The Court held that a typographical error in the tax period mentioned in the DRC-01 notice did not invalidate the proceedings because the relevant invoices were clearly identified. However, the matter was remanded for fresh adjudication subject to deposit of 10% of the disputed tax and filing of a reply.

NDPS Act: GSTIN in E-Way Bills Alone Cannot Establish Conscious Involvement

June 5, 2026 192 Views 0 comment Print

The Gauhati High Court granted bail in an NDPS case, holding that the petitioner’s GSTIN appearing in e-way bills was the primary material against him. The Court found no evidence of dealings with consignors, co-accused, or any other material linking him to the alleged trafficking operation.

SC Grants Interim Bail as Legality of Arrest Remains Under Examination

June 5, 2026 96 Views 0 comment Print

The Supreme Court granted interim bail while the challenge to the arrest was still pending adjudication. The Court clarified that the order did not express any view on the merits of the case.

SC Grants Bail Because Accused Spent Over 1.5 Years in Custody After Charge Sheet Filing

June 5, 2026 114 Views 0 comment Print

The Supreme Court granted bail in a disproportionate assets case after noting that the accused had remained in custody for more than one and a half years and that the charge sheet had already been filed. The trial court was requested to expedite the trial.

Pune ITAT: Housing Society Wins U/s 80P Deduction on Interest from Cooperative Banks

June 4, 2026 204 Views 0 comment Print

Pune ITAT ruled that interest earned by a cooperative society from investments with cooperative banks is deductible under Section 80P(2)(d). The decision reinforces the broad scope of the provision.

ITAT Mumbai Restricts Bogus Purchase Addition to 7.87% of profit element

June 4, 2026 438 Views 0 comment Print

The ITAT Mumbai held that purchases cannot be treated as entirely bogus merely based on Sales Tax Department information when the assessee produced invoices, bank statements, stock records, and delivery challans. The Tribunal directed that only the profit element embedded in the alleged non-genuine purchases, if any, should be taxed.

Bombay HC Set Aside GST Demand Order Passed Despite Stay, Keeps Section 16(2)(c) Challenge Open

June 4, 2026 387 Views 0 comment Print

The Bombay High Court set aside a GST adjudication order passed a day after an interim stay, accepting the State’s statement that the officer was unaware of the court’s order. The matter was remanded for fresh adjudication, with all legal issues kept open.

No Double Taxation on Liability Write-Back: Delhi ITAT Deletes Section 41(1) Addition and Notional Interest Demand

June 4, 2026 411 Views 0 comment Print

The Delhi ITAT held that liabilities already written back and offered to tax in later years cannot be taxed again under Section 41(1). The Tribunal ruled that such an addition would result in impermissible double taxation.

Copy-Paste Reasons Sink Reassessment: Delhi ITAT Quashes Reopening for Non-Application of Mind

June 4, 2026 312 Views 0 comment Print

The Tribunal ruled that reassessment proceedings cannot survive when reasons recorded for reopening demonstrate non-application of mind. Following the Delhi High Court’s findings in the preceding year, the reassessment was declared invalid.

No 14A Disallowance Without Satisfaction, No Penalty on Debatable Issues

June 4, 2026 228 Views 0 comment Print

The Bangalore ITAT held that a disallowance under Section 14A read with Rule 8D cannot survive without the Assessing Officer recording satisfaction regarding the incorrectness of the assessee’s claim. The Tribunal deleted the disallowance after finding non-compliance with Section 14A(2).

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