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Archive: 02 April 2026

Posts in 02 April 2026

Capital Gains Taxability under Income-tax Act, 1961

April 2, 2026 13932 Views 0 comment Print

The issue concerns when capital gains become taxable under the law. The framework clarifies that gains are taxed in the year of transfer, with exceptions for specific cases like compensation and conversions. The key takeaway is that timing of transfer is central to determining tax liability.

CESTAT allows Amendment of Shipping Bills Due to Absence of Time Limit During Transition Period

April 2, 2026 255 Views 0 comment Print

The Tribunal held that time limits introduced later cannot apply retrospectively to deny amendment requests. The ruling clarifies that exporters can seek corrections for past errors during scheme transitions.

GST Registration Restoration to Be Considered on Filing Returns & Payment of Dues: Gauhati HC

April 2, 2026 300 Views 0 comment Print

The Court examined whether GST cancellation for non-filing of returns could be reversed. It held that authorities must consider restoration if the taxpayer files pending returns and pays dues. The key takeaway is that compliance can enable reconsideration of cancellation.

ICAI Cannot Dismiss Spouse Complaint as Family Dispute Without Examining Misconduct: Delhi HC

April 2, 2026 5601 Views 0 comment Print

The Court examined whether a complaint arising from a family dispute can be entertained in misconduct proceedings. It held that such complaints are maintainable if they disclose professional misconduct. 

Bogus Purchases Allegation Rejected as Sales, Stock & GST Records Accepted

April 2, 2026 1587 Views 0 comment Print

The Tribunal held that purchases supported by invoices, GST records, and banking transactions cannot be treated as bogus. It ruled that documentary evidence outweighed doubts raised by the department.

12% Profit Estimation & Rejection of Books Set Aside Due to Lack of Justification

April 2, 2026 948 Views 0 comment Print

The Tribunal held that the CIT(A) failed to provide reasons for rejecting books under Section 145(3). It remanded the matter for fresh examination of this issue.

No Penny Stock LTCG Addition if no Evidence Linking Assessee to Share Price Manipulation

April 2, 2026 513 Views 0 comment Print

The High Court held that no substantial question of law arose from the ITAT order deleting LTCG additions. It ruled that factual findings based on evidence cannot be disturbed without legal error.

Penny Stock LTCG Not Bogus Based Only on Investigation Reports: ITAT Ahmedabad

April 2, 2026 3561 Views 0 comment Print

The Tribunal held that LTCG cannot be treated as bogus merely based on investigation reports. It ruled that documented transactions through banking and stock exchange channels prove genuineness.

GST Cancellation Set Aside as SCN Lacked name or designation of proper officer

April 2, 2026 441 Views 0 comment Print

The Court set aside cancellation of GST registration as the notice failed to specify the proper officer and lacked legal validity. It held that such defects violate principles of natural justice.

SC to Examine Limitation Extension Denied Due to Invalid DTAA Reference for Pre-2011 Period

April 2, 2026 180 Views 0 comment Print

The case involves whether limitation for assessment can be extended based on a DTAA information request. The High Court held such extension invalid as the request covered pre-2011 periods outside DTAA scope. The key takeaway is that invalid references cannot extend statutory limitation.

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