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Archive: April, 2026

Posts in April, 2026

Bogus Purchase Addition Restricted to Profit Element: ITAT Grants Relief

April 18, 2026 96 Views 0 comment Print

The case examined whether compensation paid to exit prior agreements was a sham arrangement. The Tribunal ruled it was a valid business decision that enabled higher sale consideration.

Reopening on Change of Opinion Invalid: ITAT Quashes Entire Assessment

April 18, 2026 156 Views 0 comment Print

The Tribunal quashed reassessment proceedings as they were based on a mere change of opinion without any fresh tangible material. It held that re-examining already scrutinized facts does not justify reopening under section 147.

Section 153C Assessment Quashed Over Unsigned Seized Document: ITAT Hyderabad

April 18, 2026 183 Views 0 comment Print

The Tribunal held that an unsigned agreement without corroboration cannot be treated as incriminating material. Proceedings under section 153C were declared invalid.

Unexplained Jewellery Investment addition Upheld as Refund Credited in Assessee’s Account

April 18, 2026 162 Views 0 comment Print

The Tribunal held that payments and delivery handled by the assessee’s PA indicated control over the transaction. The absence of evidence supporting the daughter’s role led to confirmation of addition.

CIT(A)’s Non-Speaking Order & Failure to Address Legal Ground- Matter Remanded

April 18, 2026 129 Views 0 comment Print

The appeal involved a legal challenge regarding absence of notice under Section 143(2). The Tribunal held that failure to adjudicate this issue required fresh consideration and remanded the matter.

Custodian Not Liable Under Customs Law for Absence of Seal Tampering Evidence

April 18, 2026 171 Views 0 comment Print

The case addressed whether a custodian could be held liable for duty when container contents differed from declared goods. The Tribunal held that without proof of tampered or broken seals, liability under section 45 cannot be imposed.

Revenue Appeal Against Customs Broker Dismissed: No Penalty, No Mens Rea, Below ₹1 Cr Threshold

April 18, 2026 174 Views 0 comment Print

Calcutta High Court rejects Revenue appeal, ruling CBIC’s ₹1 crore threshold applies where no penalty survives. It upholds that a Customs Broker cannot be penalised without proof of mens rea, affirming Tribunal’s finding of a mere conduit role.

Section 12AB Registration Cannot Be Denied for Missing Irrevocability Clause Alone: ITAT Follows Bombay HC

April 18, 2026 135 Views 0 comment Print

The Tribunal ruled that absence of an irrevocability clause in the trust deed is not sufficient to reject registration. It relied on High Court precedent to set aside the order. The decision protects trusts from technical rejection.

Madras HC Sets Aside GST Exemption Denial on Lubricant–Petroleum Bundling

April 18, 2026 132 Views 0 comment Print

The case involved denial of exemption on petroleum-based turnover due to missing evidence. The Court held that the matter should be reconsidered after giving the assessee an opportunity to submit supporting documents.

Reassessment Time-Barred Despite TOLA & Ashish Agarwal: ITAT Upholds Quashing

April 18, 2026 150 Views 0 comment Print

Applying the computation method laid down in Rajeev Bansal, the Tribunal found the notice was issued late. The ruling confirms that delayed notices are void even with extended timelines.

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