Follow Us:

Judiciary

No Liability Cessation Without Remission: ITAT Deletes Section 41(1) Addition  

April 10, 2026 429 Views 0 comment Print

The Tribunal held that mere non-payment or expiry of limitation does not amount to cessation of liability. In absence of actual benefit or remission, addition under Section 41(1) was deleted.

Late Form 10B Filing Not Fatal—ITAT Allows Exemption if Audit Report Filed Before Processing

April 10, 2026 279 Views 0 comment Print

The issue involved wrong filing of Form 10BB instead of 10B. The tribunal held that correction before processing cures the defect. This ensures that genuine claims are not denied on technical grounds.

SC Upholds No Writ Relief Due to Alternate GST Remedy, Allows Delayed Appeal

April 10, 2026 375 Views 0 comment Print

The Supreme Court declined to interfere with the High Court’s refusal to entertain a writ petition due to availability of statutory appeal. It permitted the petitioner to file an appeal without being barred by delay.

Wrong Invocation of Section 153C- ITAT Quashes Assessments Where Assessee Was Himself Searched

April 10, 2026 363 Views 0 comment Print

The issue was whether Section 153C could apply when the assessees own premises were searched. The tribunal held that such a person is a searched person, making Section 153A applicable instead. Consequently, assessments under Section 153C were quashed for multiple years.

Writ Petition Dismissed Due to Availability of Alternate GST Appeal Remedy: Delhi HC

April 10, 2026 228 Views 0 comment Print

The Court declined to interfere with the GST demand order as the petitioner had not availed the appellate remedy. It emphasized that disputes relating to adjudication must be addressed through statutory channels. The ruling reinforces the primacy of appellate remedies in tax matters.

ITAT Limits Its Directions – Excludes Comparables Due to Improper Remand to DRP

April 10, 2026 309 Views 0 comment Print

The issue concerned failure to follow tribunal remand directions on comparables. The ruling held that such non-compliance caused procedural irregularity, leading to exclusion of certain comparables and recomputation of ALP.

SC Dismisses SLP Due to Delay, Upholds Quashing of Reassessment on Settled Section 80P Issue

April 10, 2026 267 Views 0 comment Print

The case involved reopening of assessment on deduction under section 80P(2)(d). The Supreme Court dismissed the SLP as time-barred, leaving intact the High Court ruling that reassessment was invalid on a settled issue.

No Reassessment on Section 80P Deduction Covered by Binding Precedent: Gujarat HC

April 10, 2026 264 Views 0 comment Print

The court held that reopening of assessment was invalid since the deduction issue was already settled in favour of the assessee. It ruled that reassessment cannot be based on an issue covered by binding precedent.

Partial Disallowance Upheld as Assessee Failed to Prove Full Business Nexus of Expenses

April 10, 2026 177 Views 0 comment Print

The case involved disallowance of business expenses where activity was minimal. ITAT held that existence of even limited business justified partial allowance and restricted disallowance to ₹1 lakh.

ITAT Mumbai Deletes TDS delay Interest as Cheque Tender Date Considered Payment Date

April 10, 2026 183 Views 0 comment Print

The issue was whether delay in cheque clearance attracts TDS interest. ITAT held that payment date is the cheque tender date, and no interest is leviable if submitted within due date.

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031