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Archive: 05 May 2026

Posts in 05 May 2026

Section 263 Upheld as AO Failed to Examine Nature of ₹3.98 Crore Receipt: ITAT Chandigarh

May 5, 2026 81 Views 0 comment Print

The Tribunal held that lack of inquiry into a large receipt justified revision under Section 263. It found the assessment erroneous and prejudicial to revenue. The ruling reinforces duty of proper verification.

Section 271(1)(c) Penalty deleted Due to Bona Fide Claim on Lease Premium Deduction

May 5, 2026 54 Views 0 comment Print

The issue involved penalty on disallowance of lease premium deduction. The Tribunal held that admission of the issue by the High Court made it debatable. It ruled that penalty cannot be imposed in such cases.

Delhi HC Set Aside Anti-Profiteering Order Due to Need for Fresh Examination of Facts

May 5, 2026 69 Views 0 comment Print

The issue involved alleged failure to pass on input tax credit benefits. The Court set aside the order and remanded the matter for fresh factual determination by the tribunal.

Delhi HC Grants Interim Relief as GSTAT Exceeded Scope of Remand Order

May 5, 2026 57 Views 0 comment Print

The issue concerned whether the tribunal acted beyond the High Court’s earlier remand directions. The Court granted interim protection and restrained coercive action pending further hearing.

Section 271(1)(c) Penalty Cannot Be Imposed for Valuation Differences Without Proof of Inaccuracy: SC

May 5, 2026 78 Views 0 comment Print

The Supreme Court held that mere differences in property valuation do not amount to furnishing inaccurate particulars. Penalty under Section 271(1)(c) requires proof of deliberate inaccuracy. The ruling clarifies that estimation disputes alone cannot justify penalty.

LTCG Addition Deleted as Assessee Proved Genuine Investment Activity Through Evidence

May 5, 2026 78 Views 0 comment Print

The Tribunal held that consistent investment history and documentary proof established genuineness of share transactions. Additions under Section 68 were deleted due to lack of contrary evidence.

GST Order Quashed as Penalty Not Mentioned in DRC-01 Form: Allahabad HC

May 5, 2026 93 Views 0 comment Print

The Court set aside the order because the penalty was not disclosed in the statutory Form DRC-01. It held that demands must be clearly specified in the prescribed notice.

GST Not Applicable on Affiliation & NOC Fee collected by University: AP HC

May 5, 2026 60 Views 0 comment Print

The Court held that affiliation and NOC issuance by universities are statutory duties, not business activities. Therefore, such fees cannot be treated as taxable supply under GST, and related assessment orders were set aside.

Loose Papers Without Identifiable Link Cannot Justify Reassessment: Gujarat HC

May 5, 2026 96 Views 0 comment Print

The High Court ruled that reopening based on unrelated and non-specific seized material is not permissible. It concluded that no prima facie belief of income escapement could be formed. The decision highlights limits on the use of indirect evidence.

Section 54 Exemption Allowed as Possession Date Considered Over Registration Date

May 5, 2026 81 Views 0 comment Print

The Tribunal held that for under-construction properties, the date of possession is the relevant factor for Section 54 exemption. It rejected the reliance on registration date alone. The ruling clarifies timing criteria for capital gains exemption.

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