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Judiciary

Reassessment Notice Upheld as Time Allowed for Reply Is Excluded While Computing Limitation: Delhi HC

June 1, 2026 198 Views 0 comment Print

The Delhi High Court held that the period granted to an assessee for filing a reply under Section 148A(b) must be excluded while calculating limitation under Section 149. Since the Assessing Officer acted within the permissible period, the reassessment proceedings were upheld.

ITAT Allows Carry Forward of Capital Loss Despite DTAA Exemption on Capital Gains

June 1, 2026 156 Views 0 comment Print

The Tribunal held that long-term capital losses can be carried forward even when long-term capital gains are exempt under the India–Mauritius DTAA. Exempt gains do not enter the computation of total income and therefore cannot absorb the losses.

ITAT Deletes LTCG Addition as DVO cannot Reduce FMV Backed by Registered Valuer Report

June 1, 2026 171 Views 0 comment Print

The Surat ITAT held that for assessment years prior to AY 2013-14, the DVO had no authority under Section 55A to reduce the fair market value adopted by an assessee based on a registered valuer’s report. The resulting LTCG addition was therefore deleted.

ITAT Deletes Expense Disallowance as Revenue Failed to Prove Personal Use

June 1, 2026 552 Views 0 comment Print

The Tribunal held that business promotion, petrol, and travel expenses cannot be disallowed merely on assumptions of possible personal use. In the absence of specific defects or evidence, ad hoc disallowance under Section 37(1) was deleted.

ITAT Quashes Reassessment as Alleged Escaped Income Was Below ₹50 Lakh Threshold

June 1, 2026 342 Views 0 comment Print

The Mumbai ITAT held that reassessment initiated beyond three years was invalid because the alleged escaped income was only ₹5 lakh, far below the ₹50 lakh requirement under Section 149(1)(b). As a result, the reassessment and consequential assessment order were quashed.

Mere Investigation Wing Alert Is Not ‘Reason to Believe’: ITAT Quashes Penny Stock Reopening

June 1, 2026 2658 Views 0 comment Print

The assessee had fully disclosed the share transactions and claimed exemption under Section 10(38) in the original return. The ITAT ruled that reopening was unsustainable because the reasons recorded did not demonstrate how any income had actually escaped assessment.

NCLAT Upholds NCLT Order Reducing IRP Remuneration to ₹50,000 Per Month During Stay Period

June 1, 2026 309 Views 0 comment Print

Fee reduction of ₹50,000 for the Interim Resolution Professional (IRP) ordered by NCLT was reasonable, given that the IRP’s role was restricted by an interim stay on the constitution of the Committee of Creditors (CoC) between February 28 and September 1, 2023.

IPL Franchise Fees, Celebrity Hospitality and Website Expenses allowed as Revenue Expenditure

June 1, 2026 213 Views 0 comment Print

Periodic or annual fees paid to a sports governing body to sustain annual league participation rights qualify as operational revenue expenses, not capital investments. Hospitality, travel, and boarding expenses incurred on celebrities and VIPs were fully deductible if they were used strategically to amplify brand visibility, ticket distribution, and corporate sponsorships.

Himachal Pradesh HC Grants Interim Relief to Petitioner in Toll Fee Dispute

June 1, 2026 369 Views 0 comment Print

The issue was whether a toll contractor should receive relief after the government significantly reduced toll rates shortly after awarding the contract. The High Court granted interim protection against contract cancellation, subject to payment of a reduced monthly amount, and directed the committee to decide the representation expeditiously.

ALP Cannot Be Determined at Nil Without Comparable Analysis: ITAT Ahmedabad

June 1, 2026 147 Views 0 comment Print

ITAT Ahmedabad held that the Transfer Pricing Officer cannot determine the arm’s length price of intra-group services at Nil merely based on assumptions regarding benefit or commercial necessity.

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