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Archive: March, 2026

Posts in March, 2026

Gift from Spouse: Tax-Free… Until You Fail to Prove It

March 30, 2026 2571 Views 0 comment Print

ITAT held spousal gift taxable under Section 68 due to lack of evidence on genuineness, bank trail, and donor capacity despite Section 56 exemption.

ECB Reporting Rules Revised Due to Clarification on Late Submission Fee Calculation

March 30, 2026 1221 Views 0 comment Print

The issue involved ambiguity in calculating late submission fees for ECB returns. The RBI clarified separate treatment of returns and introduced clearer computation rules. The key takeaway is stricter and more transparent penalty calculation.

Sea Cargo Manifest and Transshipment (First Amendment) Regulations, 2026

March 30, 2026 660 Views 0 comment Print

The issue involved the existing compliance timeline under sea cargo regulations. CBIC amended the rules to extend the deadline to 30 June 2026. The key takeaway is that stakeholders get additional time to meet regulatory requirements.

Ownership Not Required for 80-IA Claim as Developer Status Depends on Role and Risk Undertaken

March 29, 2026 708 Views 0 comment Print

CIT Vs Patel Engg. Ltd. (Bombay High Court) The appeals before the Bombay High Court arose from orders of the Income Tax Appellate Tribunal (ITAT) allowing deduction under Section 80-IA(4) of the Income Tax Act, 1961 to the assessee for Assessment Years 2000–01 and 2001–02. The central issue was whether the assessee qualified as a […]

Allahabad HC Set Aside GST Cancellation Order Due to Lack of Proper Service of Notice

March 29, 2026 1095 Views 0 comment Print

The issue involved cancellation of GST registration without proof of proper service of notice. The Court held the order invalid and remanded the matter for fresh consideration.

Refund Cannot Be Recovered Without Statutory Provision Under Section 11B of Excise Act

March 29, 2026 546 Views 0 comment Print

The tribunal held that Section 11B does not permit recovery of already sanctioned refunds. Recovery must follow separate legal provisions. The ruling clarifies limits of refund recovery powers.

Issuing multiple GST demand notices for a single adjudication order is improper: Allahabad HC

March 29, 2026 810 Views 0 comment Print

The court held that issuing multiple demand notices for a single adjudication order is improper. It directed issuance of a composite notice to enable a single appeal.

Mismatch in Payment & Share Allotment Dates Raises Doubts; ITAT Indore Remanded Matter for Fresh Examination

March 29, 2026 705 Views 0 comment Print

The Tribunal found inconsistency between payment date and share allotment date, raising doubts about the transaction. It held that these factual issues require verification. The matter was remanded to the AO for fresh examination.

Reopening Invalid Due to Mere Change of Opinion on Examined Cash Deposits: Bombay HC

March 29, 2026 747 Views 0 comment Print

The court held that reassessment cannot be initiated on issues already examined during scrutiny. It ruled that reopening based on the same material amounts to a change of opinion and is invalid.

GST Turnover Differences Not Taxable if Already Recognized; Notional IND-AS Interest Not Taxable Without Real Accrual

March 29, 2026 711 Views 0 comment Print

Tribunal held that GST-based turnover differences cannot be taxed again when income was already recorded in prior years and notional interest recognized under IND-AS cannot be taxed unless it actually accrues.

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