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Archive: 01 April 2026

Posts in 01 April 2026

Section 74(8) Misuse: Why 100% Penalty on Paid GST Is Unsustainable

April 1, 2026 1623 Views 0 comment Print

Authorities cannot impose full penalty when tax is already paid via DRC-03. Non-payment of interest or penalty does not revive discharged tax liability.

ITAT Remands ₹16.03 Cr Share Premium Addition Case for Denial of Proper Hearing  

April 1, 2026 3432 Views 0 comment Print

The Tribunal held that the assessee was not given adequate opportunity to present evidence. The matter was remanded for fresh adjudication considering additional documents.

Notional Interest Addition Deleted Due to Absence of Fresh Advances & Sufficient Funds

April 1, 2026 306 Views 0 comment Print

The Tribunal held that where interest-free funds exceed investments, no disallowance is warranted. It applied the presumption that investments are made from own funds.

Section 148 Notice Invalid When Issued After Limitation Deadline: ITAT Mumbai

April 1, 2026 1371 Views 0 comment Print

Zee Entertainment Enterprises Limited Vs DCIT (ITAT Mumbai) The matter concerns two appeals filed by the assessee against orders of the Commissioner of Income Tax (Appeals)-48, Mumbai, for Assessment Years (AY) 2015–16 and 2019–20. Both appeals arise from assessment orders passed under Section 143(3) read with Section 147 of the Income Tax Act, 1961. Since […]

Assessment Order Quashed Due to Issuance in Name of Non-Existent Amalgamated Entity

April 1, 2026 1002 Views 0 comment Print

The Bombay High Court held that assessment proceedings conducted in the name of a company that ceased to exist after amalgamation are void. All related notices and orders were set aside. The ruling confirms that jurisdiction cannot be assumed over a non-existent entity.

Section 68 Addition Upheld for Failure to Prove Genuineness of Advance: ITAT Delhi

April 1, 2026 423 Views 0 comment Print

The ITAT upheld ₹90 lakh addition as the assessee failed to establish genuineness and creditworthiness of the transaction. The ruling emphasizes the burden of proof on taxpayers in cash credit cases.

Section 263 Revision Quashed Due to Pending Appeal on Same Issue Before CIT(A)

April 1, 2026 369 Views 0 comment Print

The ITAT held that the PCIT cannot invoke revisionary powers when the same issue is already pending before the appellate authority. The case involved share transaction additions treated as penny stock. 

TDS not applicable on payments for imported Business Information Reports: SC

April 1, 2026 1605 Views 0 comment Print

The Supreme Court declined to recall its earlier order, effectively upholding the High Court ruling that TDS was not applicable on payments for imported Business Information Reports. The decision affirms reliance on consistent AAR rulings. 

Payments for Business Information Reports did not attract Section 195 TDS: Bombay HC

April 1, 2026 591 Views 0 comment Print

The Bombay High Court upheld ITAT’s ruling that payments for Business Information Reports did not attract TDS under Section 195. The decision relied on consistent AAR rulings on identical facts. 

SC Upholds Quashing of Reopening Tax Notice Due to IBC Clean Slate Doctrine

April 1, 2026 450 Views 0 comment Print

The Court held that once a resolution plan is approved, prior tax liabilities stand extinguished. Reassessment under Section 148 was therefore unsustainable.

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