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Archive: 19 May 2026

Posts in 19 May 2026

Sugar Syrup Used in Biscuit Production Not Excisable Due to Lack of Marketability

May 19, 2026 222 Views 0 comment Print

CESTAT Hyderabad held that sugar syrup used in biscuit manufacturing could not be classified under tariff heading 17029090 since its fructose content was only 31%. The Tribunal set aside excise duty demands and penalties imposed on the manufacturer.

CIT(A) Cannot Order Protective Reopening for Different Assessment Year: ITAT Lucknow

May 19, 2026 276 Views 0 comment Print

ITAT ruled that appellate powers under Section 251 are confined to assessment year under appeal. Directions to reopen completed assessments for another year were held beyond jurisdiction.

Section 68 Addition Deleted – ITAT Says Investigation Wing Report Alone Cannot Prove Bogus Share Capital

May 19, 2026 420 Views 0 comment Print

Delhi ITAT held that additions under Section 68 cannot be sustained merely on Investigation Wing reports without independent enquiry by the Assessing Officer. The Tribunal deleted additions relating to alleged bogus share capital.

Gujarat HC Quashes Reassessment Due to Vague Loose Papers on NA Land

May 19, 2026 306 Views 0 comment Print

Gujarat High Court held that reassessment proceedings based on loose papers referring to non-agricultural land could not justify reopening where assessee had sold agricultural land. Court ruled that alleged escapement of income was based only on hypothesis and conjecture.

SC to Decide Whether Dividend Distribution Tax Is Tax on Dividend or Distributed Profits

May 19, 2026 522 Views 0 comment Print

The Supreme Court has framed substantial questions on whether DDT under Section 115-O is a tax on shareholder dividend income or on company profits. The ruling may determine applicability of DTAA treaty rates on dividend distributions to foreign shareholders.

Calcutta HC Upholds Licensee Eviction as Khajna Receipts & Tax Records Established Better Title

May 19, 2026 441 Views 0 comment Print

The Calcutta High Court held that municipal tax receipts, khajna receipts, and records of rights were sufficient to establish better title in an eviction suit against licensees. The appeal was dismissed as the defendants failed to prove ownership or tenancy rights.

Consolidated Satisfaction Note for Multiple Years Held Invalid – ITAT Quashes Entire U/s 153C Assessments

May 19, 2026 306 Views 0 comment Print

Delhi ITAT held that a single consolidated satisfaction note covering multiple assessment years without identifying year-wise incriminating material is invalid under Section 153C. The Tribunal consequently quashed all related assessments.

HR Manual Cannot Override Approved Gratuity Rules: Calcutta HC

May 19, 2026 357 Views 0 comment Print

Court held that amended gratuity rules effective from July 2013 governed all employees uniformly and prevailed over inconsistent provisions in the HR manual. The appeal seeking enhanced gratuity was dismissed.

Madras HC Upholds Deferred Taxation of Time-Share Fees as Obligations Continued Over Membership Period

May 19, 2026 246 Views 0 comment Print

Madras High Court held that time-share membership fees could not be fully taxed in the year of receipt since the assessee had continuing obligations extending over several years. The Court approved spreading part of the income over the membership tenure.

Purchase of MHADA Leasehold Tenement Can Attract Section 56(2)(x): ITAT Mumbai

May 19, 2026 2796 Views 0 comment Print

Mumbai ITAT held that Section 56(2)(x) applies to purchase of MHADA leasehold property rights despite reliance on Section 50C rulings. However, the Tribunal directed the AO to obtain a DVO valuation before recomputing the addition.

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