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GST General Penalty Invalid Due to Prior Levy of Section 47 Late Fee: Madras HC

May 5, 2026 738 Views 0 comment Print

The case examined the legality of imposing both late fee and general penalty for the same default. The Court ruled that such overlapping penalties are unjustified and unsustainable. The decision clarifies that only one penal consequence can be applied in such cases.

Section 54 Exemption not eligible on Sale of Open Land Without Building: ITAT Allahabad

May 4, 2026 729 Views 0 comment Print

The tribunal held that selling only open land, even if earlier part of a residential property, does not qualify as transfer of a residential house. Since no building was sold, exemption under Section 54 was rightly denied.

No Addition Based on Confession Alone: HC Rejects Uncorroborated Search Statement

May 4, 2026 696 Views 0 comment Print

The case examined whether a statement recorded during search can justify tax additions. The Court held that confession without supporting evidence is insufficient. It reinforces that corroboration is essential for sustaining additions.

Section 194-IA TDS on Full Property Value Mandatory, Not Linked to Payment Timing: ITAT Bangalore

May 3, 2026 1266 Views 0 comment Print

The Tribunal upheld TDS liability where tax was deducted only on part of the property value. It ruled that TDS must be applied on the entire consideration for immovable property transactions.

Jharkhand HC Orders Surrender in Fake GST Customs Officer Auction Fraud Case

May 3, 2026 582 Views 0 comment Print

The issue involved alleged cyber fraud where funds were credited to the petitioner’s account. The Court granted relief considering absence of criminal history and willingness to return the money. 

RBI Must Reconsider NBFC Surrender Plea After Hearing: Calcutta HC

May 3, 2026 453 Views 0 comment Print

The Court held that rejection of NBFC registration surrender solely due to meeting PBC was unsustainable without giving an opportunity of hearing. RBI was directed to reconsider the application afresh.

IGST Assessment Falls Within Customs Jurisdiction: Kerala HC

May 2, 2026 615 Views 0 comment Print

The dispute involved jurisdiction of customs authorities to levy IGST on imports. The Court ruled that assessment includes all applicable taxes, rejecting the jurisdiction challenge.

GST Not Applicable on Arbitral Damages Without Supply Element: Bombay HC

May 2, 2026 903 Views 0 comment Print

The issue was whether arbitral award damages and settlement terms constitute “supply” under GST law. The Court held they do not amount to consideration for supply, and quashed the IGST demand.

GST Penalty Order Invalid as Amount Exceeds SCN Proposal: Allahabad HC

May 2, 2026 471 Views 0 comment Print

The issue was imposition of a higher penalty than proposed in the show cause notice. The court set aside the order, holding it violates Section 75(7) and is without jurisdiction.

Sale Deeds Invalid as Power of Attorney Not Proved Through Proper Evidence: SC

May 2, 2026 699 Views 0 comment Print

The Court held that a photocopy of a power of attorney cannot be relied upon without fulfilling legal requirements for secondary evidence. As the authority to sell was not established, the sale deeds were declared invalid.

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