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Archive: 07 May 2026

Posts in 07 May 2026

Recovery Agent Liable for Service Tax if No Evidence of Joint Venture Was Produced: CESTAT Delhi

May 7, 2026 207 Views 0 comment Print

CESTAT Delhi held that amounts received by a recovery agent from a lender were taxable as service consideration since no documentary evidence of a joint venture existed. The Tribunal upheld service tax demand, interest, and penalty.

Section 56 Addition Deleted as DCF Valuation Was Not Rejected: ITAT Delhi

May 7, 2026 288 Views 0 comment Print

ITAT Delhi held that the Assessing Officer could not substitute the fair market value of shares without specifically rejecting the assessee’s DCF valuation report. The Tribunal deleted the Rs.4.14 crore addition made under Section 56(2)(vii)(b).

Gujarat High Court Upholds 6% Addition on Bogus Purchases as Only Profit Element Taxable

May 7, 2026 201 Views 0 comment Print

The Gujarat High Court held that only the income component embedded in alleged bogus purchases could be taxed instead of the entire purchase amount. The Court upheld the ITAT order restricting disallowance to 6% of disputed purchases linked to accommodation entries.

Weighted Average Cost method ignored? – Mumbai ITAT sends gold stock valuation addition back for fresh examination

May 7, 2026 213 Views 0 comment Print

The ITAT restored the ₹1.36 crore stock valuation addition to the AO after finding that the assessee’s Weighted Average Cost method under AS-2 and ICDS-II was never properly examined. The Tribunal directed fresh verification of inventory valuation records.

SC Declines Reassessment Revival as Income & Transactions Were Fully Disclosed in ITR

May 7, 2026 426 Views 0 comment Print

The Supreme Court refused to interfere with the Gujarat High Court ruling quashing reassessment proceedings where the assessee had disclosed all transactions in audited accounts and income tax returns. The Court left the question of law open.

Fly Ash Sale Receipts Taxable as Accounting Treatment Cannot Override Tax Law: ITAT Chandigarh

May 7, 2026 468 Views 0 comment Print

The ITAT Chandigarh ruled that receipts from sale of fly ash constituted taxable business income as they arose directly from the assessees power generation activity. The Tribunal held that subsequent credit to a statutory fund amounted only to application of income.

No “reason to believe” without new material – Mumbai ITAT quashes reopening based on mere reappraisal of old records

May 7, 2026 156 Views 0 comment Print

Mumbai ITAT held that reassessment under Section 147 cannot be initiated merely by reviewing records already examined during original scrutiny. Absence of fresh tangible material made the reopening legally invalid.

Telangana HC Grants Anticipatory Bail in ₹97 Crore GST Case

May 7, 2026 603 Views 0 comment Print

The Telangana High Court granted pre-arrest bail in a ₹97.25 crore GST ITC case after observing that the allegations were primarily documentary in nature. The Court held that custodial interrogation was not shown to be necessary.

Calcutta HC Condones Appeal Delay as Death of Counsel Was Sufficient Cause

May 7, 2026 444 Views 0 comment Print

The Calcutta High Court condoned a 430-day delay after holding that the death of the assessee’s authorized representative constituted sufficient cause in the faceless tax regime. The Court set aside the ITAT’s dismissal order and restored the appeal for adjudication on merits.

NCLT Rejects Fraud Claim as ₹260 Crore Intra-Group Assignment Had No Effect on Creditors

May 7, 2026 303 Views 0 comment Print

NCLT Mumbai held that the impugned intra-group assignment transaction did not prejudice creditors or alter their position. The Tribunal ruled that essential ingredients of fraudulent trading under Section 66 of the IBC were not established.

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