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Judiciary

ITAT Mumbai: Notional Rent Taxable on Unsold Flats Held as Stock-in-Trade (Pre-Sec 23(5) Era)

April 6, 2026 468 Views 0 comment Print

ITAT held that vacant unsold flats attract tax on notional rent under house property. The key takeaway is that ownership triggers taxation even without actual rental income.

ITAT Mumbai: No Addition U/s 69 on Alleged “On-Money” Without Evidence or Cross-Examination

April 6, 2026 663 Views 0 comment Print

The tribunal ruled that unverified claims of cash payments based on third-party material cannot justify tax additions. It emphasized that evidence must directly implicate the taxpayer.

Writ not entertained since alternative remedy of approaching NCLAT available

April 6, 2026 240 Views 0 comment Print

Bombay High Court held that writ petition cannot be entertained in the face of availability of alternative remedy of approaching the NCLAT since claim of violation of principles of natural justice not established. Accordingly, writ petition dismissed.

Absolute confiscation of gold upheld as reasonable belief of smuggling established

April 6, 2026 282 Views 0 comment Print

Calcutta High Court held that reasonable belief of smuggling based on clandestine conduct and scientific purity of metal is justifiable. Accordingly, absolute confiscation of gold upheld as reasonable belief for seizure u/s. 123 duly established.

Section 69A Addition Deleted Due to Double Taxation of Recorded Sales

April 6, 2026 177 Views 0 comment Print

The issue involved treating cash deposits as unexplained despite being part of recorded sales. The Tribunal held that taxing the same income again results in impermissible double taxation.

Ex-Parte GST Order on Wrong ITC Availment Set Aside Due to Lack of Opportunity to Respond

April 4, 2026 4287 Views 0 comment Print

The court set aside GST orders after finding both original and appellate proceedings were effectively ex-parte. It held that the taxpayer must be given an opportunity to reply to the show cause notice before adjudication.

Restriction to ₹3L Invalid After CBDT Raised Leave Encashment Limit to ₹25 Lakh

April 4, 2026 6945 Views 1 comment Print

The Tribunal addressed denial of leave encashment exemption restricted to ₹3 lakh. It held that the revised CBDT limit of ₹25 lakh applies, allowing full exemption within the threshold.

EOI Rejection Upheld Due to Failure to Meet Net Worth Criteria in CIRP

April 4, 2026 1095 Views 0 comment Print

The tribunal upheld rejection of a resolution applicant’s EOI for not meeting the minimum net worth requirement set by the CoC. It ruled that MSME status does not exempt compliance with eligibility criteria fixed under IBC.

Payment Credit under SVLDR Scheme Cannot Be Denied for Accounting Head Mismatch

April 4, 2026 309 Views 0 comment Print

The Court held that payments cannot be denied credit merely because they were recorded under different accounting heads. It ruled that substantive relief under the Sabka Vishwas Scheme must prevail over technical classifications.

Delay Condonation Request Directed to Correct Jurisdiction After PAN Transfer

April 4, 2026 651 Views 0 comment Print

The Court directed the jurisdictional authority to consider the delay condonation request after PAN transfer. It held that the application must be decided in accordance with law.

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