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Archive: March, 2026

Posts in March, 2026

Draft Income Tax Rule 140: Determination of income of a specified fund attributable to units held by non-residents under section 210(2)

March 1, 2026 456 Views 0 comment Print

Draft Rule 140 prescribes a formula-based mechanism to determine income of specified funds attributable to non-resident unit holders, making concessional tax rates conditional on proportionate AUM ratios and filing of Form 69.

Excel Sheet Alone Not Sufficient Proof: ITAT Ahmedabad Deletes Cash Payment Addition

March 1, 2026 3585 Views 0 comment Print

ITAT Ahmedabad held that an unsigned Excel sheet found during survey, without corroborative evidence, cannot justify addition for alleged cash payments.

GST Assessment Order Set Aside Due to Absence of Section 74 Personal Hearing

March 1, 2026 1503 Views 0 comment Print

The Madras High Court quashed GST assessment orders passed under Section 74 after finding that no personal hearing was granted. The Court held that denying a hearing violates principles of natural justice and remanded the matter for fresh consideration.

GST Assessment Set Aside for Lack of Personal Hearing and Duplicate Order for Same Year

March 1, 2026 957 Views 0 comment Print

Madras High Court quashed assessment under Section 74 as no personal hearing was granted and the same assessment year was reassessed for higher demand.

Reassessment Notice for AY 2015-16 Quashed as Time-Barred Under Section 149

March 1, 2026 3624 Views 0 comment Print

The Tribunal held that notices issued on or after 01.04.2021 for A.Y. 2015-16 were invalid in view of the Supreme Court’s ruling in Rajeev Bansal. As the reopening was barred by limitation, the reassessment order was quashed.

Madras HC Upholds GST Assessment as Adequate Opportunity Was Granted After Remand

March 1, 2026 420 Views 0 comment Print

The Court refused to interfere with the reassessment order, noting that sufficient opportunity was provided pursuant to a remand. Financial crisis was held not to be a valid ground to set aside the assessment.

GST Adjudication Without Proof of Hearing Notice is Unsustainable: Calcutta HC

March 1, 2026 513 Views 0 comment Print

The Calcutta High Court held that passing an adverse order without granting mandatory hearing under Section 75(4) violates natural justice. The matter was remanded for fresh adjudication.

A Simple Guide to classification of earning under Five Income Heads under Income Tax Act

March 1, 2026 1989 Views 0 comment Print

A simple guide to the five heads of income under the Income Tax Act, 1961, explaining salary, house property, business income, capital gains and other sources.

GSTR-2B and Place of Supply Mismatch: An Analysis

March 1, 2026 11442 Views 1 comment Print

This article analyses the legal framework governing ITC and Place of Supply, explains how GSTR-2B logic results in denial of ITC in genuine cases, highlights the inconsistency between portal validation and statutory provisions, and suggests practical remedies for taxpayers facing audit and departmental scrutiny.

Beyond Separateness: Enterprise Logic In Indian Insolvency

March 1, 2026 507 Views 0 comment Print

Article Examines corporate separateness in Indian insolvency, group insolvency challenges under the IBC, and the need for a substance-based legal framework.

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