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Archive: 14 May 2026

Posts in 14 May 2026

ITAT Sends Back Bogus Purchase & Cash Credit Additions for Fresh Decision

May 14, 2026 471 Views 0 comment Print

ITAT Surat restored reassessment appeals to the CIT(A) after observing that the assessee should receive one final opportunity to present evidence. The Tribunal imposed costs due to partial compliance before the appellate authority.

ROC Imposes Heavy Penalty as Company Failed to Appoint Mandatory CS

May 14, 2026 198 Views 0 comment Print

The adjudicating authority held that the company remained in continuous default for several years after becoming legally required to appoint a Company Secretary. The order emphasizes strict enforcement of corporate governance obligations relating to key managerial personnel appointments.

ITAT Orders Exclusion of Comparable as DRP Had Already Held It Functionally Different

May 14, 2026 516 Views 0 comment Print

Delhi ITAT directed exclusion of a comparable company engaged in video conferencing solutions after noting that the DRP had already found it functionally incomparable to the assessee’s software distribution business.

ITAT Restricts Section 14A Disallowance as It Cannot Exceed Exempt Income

May 14, 2026 426 Views 0 comment Print

Lucknow ITAT held that disallowance under Section 14A read with Rule 8D cannot exceed the exempt dividend income earned by the assessee. The Tribunal restricted the addition to the actual exempt income amount.

ITAT Remands Bogus Purchase Case as Rice Miller Issue Is Pending Before HC

May 14, 2026 411 Views 0 comment Print

The Tribunal held that the first appellate authority should reconsider the matter after the jurisdictional High Court decides pending cases concerning alleged bogus purchase bills by rice millers.

SC Allowed LTCG Exemption as Revenue Failed to Prove Penny Stock Manipulation

May 14, 2026 1341 Views 0 comment Print

The courts upheld LTCG exemption under Section 10(38) after finding that the Revenue failed to produce evidence linking the assessee to alleged penny stock manipulation. Documentary records, banking transactions, and Demat evidence supported the genuineness of the share transactions.

DSIR Approval Binding: ITAT Allows Section 35(2AB) Deduction for R&D Expenses

May 14, 2026 306 Views 0 comment Print

Tribunal ruled that once DSIR certifies R&D expenditure under Section 35(2AB), the Assessing Officer cannot disregard the claim without following the statutory procedure. The decision reinforces the importance of DSIR certification in weighted deduction disputes.

ITAT Condones Appeal Delay as COVID Exemption Period Covered Limitation

May 14, 2026 390 Views 0 comment Print

The Jodhpur ITAT condoned a 30-day delay in filing an income tax appeal after holding that the delay fell within the Supreme Court’s COVID-19 limitation exemption period. The matter was remanded to the CIT(A) for fresh adjudication.

7-Day Delay in Filing Return Cannot Defeat Carry Forward of Loss: Calcutta HC

May 14, 2026 1464 Views 0 comment Print

The Calcutta High Court held that the assessing officer misconstrued CBDT Circular No. 11 of 2024 while rejecting carry forward of loss due to a seven-day filing delay. The Court directed the authorities to condone the delay and process the return according to law.

Advertisement Expenses Cannot Trigger TP Adjustment Without AE Arrangement

May 14, 2026 264 Views 0 comment Print

The Delhi ITAT held that advertisement and marketing expenses could not be treated as an international transaction without evidence of an arrangement with the associated enterprise. The Tribunal deleted the transfer pricing adjustment and rejected the application of the Bright Line Test.

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