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Archive: 07 May 2026

Posts in 07 May 2026

“Common Family Cash Pool” Theory Fails: Mumbai ITAT Upholds Section 271AAA Penalty

May 7, 2026 234 Views 0 comment Print

The ITAT held that mere disclosure of undisclosed income during search is insufficient for immunity under Section 271AAA unless the assessee substantiates the manner in which such income was derived.

Section 80G CSR donation deduction cannot be denied merely for CSR expense disallowance: Mumbai ITAT

May 7, 2026 489 Views 0 comment Print

The ITAT held that CSR expenditure disallowed as business expenditure under Section 37(1) can still qualify for deduction under Section 80G if statutory conditions are satisfied. Revision under Section 263 was accordingly quashed.

Bail: Law, Practice and Public Perception

May 7, 2026 513 Views 0 comment Print

Bail under the BNSS is a mechanism balancing personal liberty with public safety and fair trial concerns. Courts consider factors such as evidence, severity of offence, and risk of absconding before granting relief.

Dumb Excel Sheets” cannot justify massive additions: Mumbai ITAT

May 7, 2026 6075 Views 0 comment Print

The ITAT held that unverified third-party excel sheets without corroborative evidence cannot justify additions under Sections 69 or 69A. The Tribunal observed that mere electronic entries amount to dumb documents unless independently verified.

28th or 30th November? Last Date to Issue a GST SCN for FY 2020-21

May 7, 2026 9450 Views 0 comment Print

The Delhi High Court ruled that Show Cause Notices issued on 30 November 2024 for FY 2020–21 were within limitation under Section 73(2) of the CGST Act. The Court treated December, January, and February as the relevant three calendar months before the final order date.

Without purchases there cannot be sales – Mumbai ITAT rejects 100% bogus purchase addition

May 7, 2026 450 Views 0 comment Print

The ITAT ruled that accepted sales necessarily imply corresponding purchases, even if sourced through the grey market. The addition was therefore restricted to estimated profit instead of the full purchase amount.

Bona Fide Purchaser Cannot Escape ITC Reversal as GST Law Requires Actual Tax Deposit

May 7, 2026 17796 Views 1 comment Print

The Gujarat High Court ruled that Input Tax Credit cannot be claimed unless the supplier has actually paid tax to the Government under Section 16(2)(c) of the CGST Act. The Court held that ITC remains a conditional statutory benefit and refused to create a bona fide purchaser exception.

Mumbai ITAT quashes reassessment for AY 2015-16 – AO’s “artificial inflation” of escaped income held legally unsustainable

May 7, 2026 228 Views 0 comment Print

The Tribunal held that the AO wrongly aggregated actual property value and stamp duty valuation of the same transaction to invoke extended limitation under Section 149(1)(b). The reassessment notice for AY 2015-16 was declared time-barred and without jurisdiction.

Analysis of GSTN Tax Liability Break-up: Interest & Late Fee in Table 5.1

May 7, 2026 624 Views 0 comment Print

GSTN has implemented automated interest computation through the Tax Liability Break-up mechanism in GSTR-3B to identify delayed tax payments relating to earlier periods. The update shifts GST compliance from manual assessment to system-driven validation based on invoice dates, reporting periods, and payment timelines.

CBIC Clarifies Safeguard Duty Exemptions as Importers Must Declare INFO Codes in Bill of Entry

May 7, 2026 942 Views 0 comment Print

CBIC Circular No. 23/2026-Customs introduces mandatory INFO_CD declarations for claiming safeguard duty exemptions on steel imports. The Circular ensures smooth customs clearance by prescribing system-based qualifiers linked to CIF value thresholds, origin criteria, and excluded products.

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