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Archive: 03 April 2026

Posts in 03 April 2026

Section 80P Deduction Allowed on Bank Interest – ITAT Follows Tumkur Merchants, Distinguishes Totagars

April 3, 2026 765 Views 0 comment Print

The ruling holds that deposits made from surplus business funds are part of operational activity. Interest earned on such deposits is business income and not income from other sources. Therefore, Section 80P benefit was granted.

Ex-Parte Succession Certificate Set Aside – SC Protects Minor’s Rights, Allows Fresh Hearing

April 3, 2026 210 Views 0 comment Print

The issue was whether a succession certificate granted without impleading a minor heir was valid. The Supreme Court set aside the ex parte order, holding denial of hearing to a minor vitiates proceedings.

Penalty Deleted as Issue Becomes Debatable – HC Admission of Quantum Appeal Saves Assessee

April 3, 2026 252 Views 0 comment Print

The case examines whether penalty can be levied when the quantum issue is admitted by the High Court. The Tribunal held that admission of substantial questions of law makes the issue debatable. As a result, penalty under Section 271(1)(c) was rightly deleted.

Fresh Claim of Section 54F Cannot Be Rejected Mechanically – ITAT Remands for Reconsideration

April 3, 2026 354 Views 0 comment Print

The issue was denial of deduction under Section 54F as a fresh claim not made in return. The ruling remanded the matter, holding such claims can be examined if supported by facts.

Entire Bank Deposits Can’t Be Taxed U/s 69A – Only Reasonable Commission Income Taxable

April 3, 2026 246 Views 0 comment Print

The issue was whether full bank deposits of a commission agent can be taxed as unexplained income. The ruling held only commission income taxable, with 8% estimation upheld as reasonable.

Reassessment Beyond 3 Years Invalid if Escaped Income Below ₹50 Lakh: ITAT Chennai

April 3, 2026 399 Views 0 comment Print

The issue was whether reassessment beyond 3 years is valid when escaped income is below ₹50 lakh. The ruling held such notice invalid under Section 149, and the key takeaway is strict adherence to limitation rules.

Failure to furnish BOE cannot be sole basis to deny export entitlements

April 3, 2026 186 Views 0 comment Print

Delhi High Court held that it would be unreasonable to deny Export Promotion Capital Goods [EPCG] benefit merely because of non-submission of Bills of Export [BOE] as proof of discharge of export obligation since there was collateral evidence of discharge of export obligation.

NIL withholding tax application cannot be allowed on based on argument of pending assessment

April 3, 2026 162 Views 0 comment Print

Bombay High Court held that managerial and technical services provided from China to India through virtual means constitutes service rendered in India. Accordingly, rejection of application seeking NIL withholding tax based on pending assessments before ITAT justifiable.

GSTN Clarifies Appeal Rights Due to Incorrect NIL Demand in Adjudication Orders

April 3, 2026 375 Views 0 comment Print

Taxpayers faced issues filing appeals where adjudication orders showed zero demand. GSTN clarified that such system limitations require rectification before appeals can be filed.

No Ruling on ITC Refund Eligibility Due to Withdrawal of AAR Application

April 3, 2026 159 Views 0 comment Print

The applicant sought clarity on refund eligibility after filing NIL claims but later withdrew the application citing procedural confusion. The authority disposed of the matter without ruling on merits.

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