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Archive: 04 May 2026

Posts in 04 May 2026

Factory Shift ≠ Capital Asset – ITAT Allows ₹1.13 Cr as Revenue, Calls Out “Enduring Benefit” Overreach

May 4, 2026 351 Views 0 comment Print

The relocation did not lead to structural enhancement of business assets. The Tribunal ruled that such expenses remain in the revenue field. The decision distinguishes between operational and capital expenditure.

Registration Rejected for “Low Activity”? ITAT Sends It Back – Opportunity Must Precede Denial

May 4, 2026 144 Views 0 comment Print

The Tribunal accepted the delay caused by representative’s illness as sufficient reason and admitted the appeal. It found that the authority failed to properly assess genuineness of activities. The matter was restored for fresh adjudication.

Representation on Persistent Issues in Karnataka Professional Tax Portal

May 4, 2026 567 Views 0 comment Print

Persistent technical issues prevented users from accessing the portal and completing filings. The representation seeks urgent fixes and possible compliance relief.

Gujarat High Court Adjourns ITR Utility Delay Case Due to CBDT Inaction

May 4, 2026 1674 Views 1 comment Print

The case addresses the continued failure to release ITR utilities on time despite earlier court directions. The Court adjourned the matter after CBDT failed to file a required affidavit, highlighting ongoing compliance gaps.

Interest on VAT is Compensatory, Not Penal – ITAT Allows Deduction

May 4, 2026 189 Views 0 comment Print

The Tribunal relied on Supreme Court precedent to hold that interest on tax arrears is compensatory, not penal. It ruled that such interest qualifies as a deductible business expense.

Government Caps GATC Verification Fees to Prevent Overcharging Under Legal Metrology Rules

May 4, 2026 258 Views 0 comment Print

The notification prohibits manufacturers acting as GATCs from charging fees for verifying their own products. It also caps re-verification charges and mandates disclosure of reduced fees.

SC allowed Pre-Deposit GST Refund Due to Inapplicability of Section 54 Limitation

May 4, 2026 879 Views 1 comment Print

The dispute concerned whether the two-year limit under Section 54 is mandatory. The Court ruled it is directory and cannot defeat legitimate refund claims. The takeaway is flexible interpretation in deserving cases.

IBC Widens Avoidance Transaction Scope, Strengthens Stakeholder Remedies

May 4, 2026 312 Views 0 comment Print

The issue addressed lack of clarity in defining avoidance transactions under insolvency law. The amendment introduces a comprehensive definition, improving consistency and enforcement. The takeaway is clearer legal interpretation and application.

Wife Cannot Seek Husband’s ITR Details for Maintenance Claim: Delhi HC

May 4, 2026 3333 Views 0 comment Print

The case examined if income details could be disclosed under RTI during a matrimonial dispute. The Court ruled that such disclosure violates privacy and is not justified without public interest.

Excess Stock in Survey = Business Income, Not 115BBE Hit – ITAT Pune Draws Clear Line

May 4, 2026 213 Views 0 comment Print

The Tribunal held that excess stock found during survey had direct nexus with business operations. It ruled that such income should be taxed as business income, not as unexplained investment under special provisions.

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