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Judiciary

Section 54 Exemption Allowed Without Registration Due to Possession & Payment

April 7, 2026 594 Views 0 comment Print

The Tribunal held that exemption cannot be denied merely because the purchase agreement was unregistered. Substantial payment and possession were considered sufficient for claiming relief.

Section 54 Deduction Allowed Due to Investment Within Time from Registered Deed Date

April 7, 2026 582 Views 0 comment Print

The Tribunal held that where registration is delayed, the stamp duty value on the agreement date must be considered. The ruling applies the beneficial proviso to Section 50C retrospectively.

Section 54 Deduction Allowed for Multiple Floors Due to Single Residential House Interpretation

April 7, 2026 525 Views 0 comment Print

The Tribunal held that different floors of the same building constitute one residential house. Deduction under Section 54 cannot be denied on the ground of structural division.

Proportionate CENVAT Reversal Treated as Separate Records; Full Credit Demand Set Aside: CESTAT Mumbai

April 7, 2026 171 Views 0 comment Print

The tribunal held that proportionate reversal of credit for trading is sufficient compliance. It ruled that full reversal under Rule 6(3A) is not mandatory.

ITC Refund Denial on ‘Intermediary’ Ground Set Aside; Matter Remanded: Bombay HC

April 7, 2026 360 Views 0 comment Print

The court set aside denial of ITC refund based on intermediary classification without proper examination. It remanded the matter for fresh adjudication considering agreements and legal precedents.

Gujarat HC Stays FIR in VAT Case Due to Procedural Lapses

April 7, 2026 168 Views 0 comment Print

The court stayed FIR proceedings for non-payment of VAT dues due to significant delay in filing. It held that delayed criminal action weakens prosecution and cannot be sustained mechanically.

No TCS on Compounding Fees as Illegal Mining Lacks Legal Contract or Licence: SC

April 6, 2026 447 Views 0 comment Print

The Supreme Court upheld that Section 206C(1C) applies only to lawful mining arrangements involving lease or licence. It ruled that compounding fees from illegal mining are not subject to TCS.

TCS Cannot Be Extended to Illegal Mining Cases Due to Absence of Transfer of Rights: Chhattisgarh HC

April 6, 2026 462 Views 0 comment Print

The High Court held that Section 206C(1C) applies only to lawful mining arrangements involving lease or licence. It ruled that compounding fees from illegal mining are outside its scope and not subject to TCS.

Foreign Investor Gains Not Taxable in India Due to DTAA Residency Rule: ITAT Mumbai

April 6, 2026 723 Views 0 comment Print

The tribunal held that gains from sale of shares did not fall under Article 14(4). It ruled that Article 14(6) applies, making gains taxable only in the country of residence. The decision clarifies DTAA interpretation.

Pre-Deposit Not Ground to Skip Appeal: Uttarakhand HC Dismisses GST Petition

April 6, 2026 669 Views 0 comment Print

The court declined to hear the GST dispute as an appeal remedy existed. It held that pre-deposit requirements cannot justify bypassing statutory remedies.

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