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Archive: 20 May 2026

Posts in 20 May 2026

ITAT Mumbai Quashes Reassessment as Section 148 Notice Was Issued Beyond Surviving Limitation Period

May 20, 2026 456 Views 0 comment Print

ITAT Mumbai held that the reassessment notice issued on 24.07.2022 was time-barred under the Supreme Court ruling in Rajeev Bansal. The Tribunal ruled that reassessment proceedings and the consequential assessment order were invalid.

AP HC Upholds Income Tax Summons After Finding No Proof of Mala Fide Action

May 20, 2026 219 Views 0 comment Print

The Andhra Pradesh High Court refused to quash summons issued under Section 131(1A) of the Income Tax Act, holding that allegations of mala fide conduct were unsupported by evidence. The Court ruled that statutory investigation based on a Tax Evasion Petition could not be invalidated on speculative claims.

Bombay HC Grants Temporary Protection as DRAT Chairperson Was Unavailable to Hear Restoration Plea

May 20, 2026 306 Views 0 comment Print

The Bombay High Court deferred the bank’s proposed action to take physical possession of secured assets after noting that the DRAT Chairperson was unavailable to hear the petitioners’ restoration applications. The Court granted limited interim protection until 20 May 2026.

ITAT Allows Depreciation on Goodwill as Amalgamation Created Eligible Commercial Rights

May 20, 2026 327 Views 0 comment Print

The Ahmedabad ITAT held that goodwill arising from a High Court-approved amalgamation qualified as an intangible asset eligible for depreciation under Section 32(1)(ii). The Tribunal followed earlier decisions in the assessee’s own case.

NCLAT Upholds CIRP Admission as Conditional Payment Email Acknowledged Operational Debt

May 20, 2026 330 Views 0 comment Print

NCLAT held that the Corporate Debtor’s email offering payment subject to acceptance of a consequence sheet amounted to acknowledgment of operational debt. The Tribunal found that the dispute raised regarding quality and delays was not a genuine pre-existing dispute under Section 9 of the IBC.

E-Scooter Imports Cannot Be Treated as Complete Vehicles Without Essential Components: CESTAT Chennai

May 20, 2026 603 Views 0 comment Print

The Chennai CESTAT held that imported electric scooter components could not be classified as complete CKD vehicles under Rule 2(a) because battery packs were never imported with the consignments.

ITAT Allows Depreciation on Goodwill as Finance Act 2021 Amendment Is Prospective

May 20, 2026 288 Views 0 comment Print

ITAT Delhi held that the amendment excluding goodwill from depreciation under Section 32(1)(ii) applies prospectively from 01.04.2021. The Tribunal allowed depreciation on goodwill for earlier assessment years following judicial precedents.

Excess Pay Cannot Be Recovered After Retirement as Employee Did Not Misrepresent Facts: J&K High Court

May 20, 2026 414 Views 0 comment Print

Jammu & Kashmir High Court ruled that recovery from a retired employee’s dues was unlawful in the absence of fraud, connivance, or misrepresentation. Court, however, permitted authorities to revise pension calculations excluding a pending DPC placement.

No TCS on Illegal Mining Compounding Fees Under Section 206C(1C): SC

May 20, 2026 744 Views 0 comment Print

The Chhattisgarh High Court held that TCS under Section 206C(1C) cannot be collected on compounding fees recovered from illegal miners. The Court ruled that the provision applies only to lawful lease holders, licence holders, or contractual mining rights holders.

TCS Cannot Be Collected on Illegal Mining Compounding Fees: Chhattisgarh HC

May 20, 2026 741 Views 0 comment Print

The Chhattisgarh High Court ruled that TCS under Section 206C(1C) applies only to lease holders, licence holders, or persons granted mining rights. Compounding fees collected from illegal miners were held outside its scope.

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