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Archive: 15 May 2026

Posts in 15 May 2026

No Double Taxation Allowed Even if Expense Claim Found Non-Genuine: ITAT Mumbai

May 15, 2026 342 Views 0 comment Print

ITAT Mumbai held that although foreign commission expenditure was non-genuine and liable for disallowance, amounts already written back and taxed in a subsequent year could not again be taxed through disallowance in earlier years.

DSIR’s Partial Approval Cannot Restrict Pre-2016 R&D Deduction Claim: ITAT Chennai

May 15, 2026 186 Views 0 comment Print

ITAT Chennai held that before the 2016 amendment, DSIR approval under Section 35(2AB) related to the in-house R&D facility and not yearly expenditure quantification. The Tribunal upheld full weighted deduction despite partial approval in Form 3CL.

Gift from Mother Treated as Cash Credit: ITAT Allows Fresh Hearing

May 15, 2026 1692 Views 0 comment Print

The ITAT Surat remanded a case involving a Rs.30 lakh gift treated as unexplained cash credit under Section 68. The Tribunal allowed the assessee another opportunity to submit bank records and explain the source of the gift.

Satisfaction Note Without Link to Income Held Invalid: ITAT Cancels Section 153C Proceedings

May 15, 2026 393 Views 0 comment Print

ITAT Delhi held that a satisfaction note under Section 153C must clearly state how seized material bears on the assessee’s income determination. The Tribunal quashed the assessments after finding the statutory requirement was not properly recorded.

Filing GST Returns After Assessment Nullifies DRC-07 Recovery Proceedings: AP HC

May 15, 2026 483 Views 0 comment Print

The Andhra Pradesh High Court held that a GST assessment order issued under Section 62 stood automatically withdrawn after the taxpayer filed pending returns with tax, interest, and late fee.

Penny Stock Loss Addition deleted in absence of Share Price Manipulation Evidence

May 15, 2026 531 Views 0 comment Print

Kolkata ITAT upheld deletion of addition relating to alleged bogus penny stock loss after finding that the assessee had furnished contract notes, demat records, broker statements, and bank documents supporting the transactions.

No TDS Disallowance on Branch Transfer & Remuneration to Partner

May 15, 2026 459 Views 0 comment Print

Mumbai ITAT ruled that transfer of professional fees between branches through journal entries did not attract TDS liability. The Tribunal accepted ICAI records confirming the existence of the Ahmedabad branch.

GST: Marketing & Recruitment Support to Foreign Universities Not Taxable as Intermediary Services

May 15, 2026 399 Views 0 comment Print

The Delhi High Court held that consultancy and recruitment support services provided to foreign universities qualify as export of services under GST. The Court ruled that incidental involvement of Indian students does not convert such services into intermediary services.

SC Upholds Reassessment as Approval Stating “Fit Case” Was Held Valid

May 15, 2026 438 Views 0 comment Print

The Supreme Court upheld the High Court ruling that approval stating fit case for reopening satisfied Section 151 requirements. The reassessment proceedings linked to alleged accommodation entries were restored.

ITAT Orders Fresh Hearing in Facebook Advertisement Payment TDS Case

May 15, 2026 255 Views 0 comment Print

Mumbai ITAT held that the CIT(A) cannot dismiss an appeal merely for non-prosecution without adjudicating the issues on merits. The matter relating to TDS on payments to Facebook Netherlands was remanded for fresh consideration.

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