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Archive: 25 May 2026

Posts in 25 May 2026

IBC 2026: Transformative reforms may falter without institutional readiness

May 25, 2026 480 Views 1 comment Print

The Insolvency and Bankruptcy Code (Amendment) Act, 2026 introduces creditor-led insolvency, group insolvency, and cross-border resolution mechanisms to modernize India’s insolvency framework. The article explains how the reforms aim to speed up resolutions and strengthen creditor confidence.

CCFS-2026: A Practical Relief Window for Defaulting Companies under MCA

May 25, 2026 642 Views 0 comment Print

The MCA’s Companies Compliance Facilitation Scheme, 2026 provides major relief by reducing additional filing fees for pending annual compliances by 90%. The article explains how companies can regularize filings, avoid penalties, and reduce compliance costs.

Occupancy Certificate Not Starting Point for Indexation: Bangalore ITAT Allows Benefit From Actual Use Date

May 25, 2026 465 Views 0 comment Print

The Bangalore ITAT held that indexation benefit for capital gains must be allowed from the year the property was first rented and income was offered to tax, not from the date of occupancy certificate.

Delhi ITAT Deletes Penny Stock Addition Over Lack of Inquiry & Cross-Examination

May 25, 2026 252 Views 0 comment Print

Delhi ITAT upheld deletion of addition made under Section 69A after finding that the assessee produced complete documentary evidence for purchase and sale of LDPL shares. The Tribunal ruled that suspicion and investigation reports alone cannot override genuine DEMAT, bank and broker records.

10-Year Silence & Uncancelled GPA: SC Upholds Sale Against Fraud Claims

May 25, 2026 438 Views 0 comment Print

The Supreme Court held that allegations that GPAs were executed only as loan security failed because the appellant produced no proof of loan repayment, interest payment or discharge of debt. The burden initially remained on the person alleging fraud and sham transactions.

Section 271D Penalty Cannot Survive After Reassessment Itself is Quashed: Mumbai ITAT

May 25, 2026 420 Views 0 comment Print

ITAT Mumbai ruled that once reassessment proceedings are quashed as void ab initio, the satisfaction recorded therein for initiating penalty proceedings cannot survive independently. The Tribunal relied on the Supreme Court ruling in Jaya Lakshmi Rice Mills.

Entire Time-Share Membership Fee Cannot Be Taxed in Year of Receipt: Madras HC

May 25, 2026 312 Views 0 comment Print

The Madras High Court held that membership fees received for long-term time-share agreements could not be fully taxed in the first year because the assessee had continuing obligations to provide facilities over 99 years.

ITAT Quashes Reassessment over Incorrect PAN & for Non-Consideration of Reply

May 25, 2026 534 Views 0 comment Print

The ITAT Chandigarh held that reassessment proceedings initiated under an incorrect and obsolete PAN suffered from a jurisdictional defect. The Tribunal ruled that failure to consider the assessee’s reply under Section 148A invalidated the reassessment proceedings.

Wholesale & Retail Markets Cannot Be Treated Alike for TP Benchmarking: ITAT Delhi

May 25, 2026 339 Views 0 comment Print

ITAT Delhi deleted transfer pricing adjustments after holding that retail and after-sales businesses could not be compared with wholesale trading to OEMs. The Tribunal ruled that comparables must satisfy functional and market similarity under Rule 10B(2).

Madras HC Upholds GST Registration Cancellation for Failure to Prove Goods Movement

May 25, 2026 507 Views 0 comment Print

The Court held that cancellation of GST registration is justified where material indicates that ITC claims are supported by fabricated documents and fake invoices. The appeal against cancellation was dismissed.

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