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Archive: 29 May 2026

Posts in 29 May 2026

GST AAAR Upholds Ruling as Biodegradability Determination Lies With Environmental Authorities

May 29, 2026 66 Views 0 comment Print

The Rajasthan GST AAAR held that advance ruling authorities cannot determine whether bags are biodegradable or compostable. It ruled that concessional 5% GST applies only if biodegradability is established by competent authorities.

Appeal Dismissed as Infructuous as Rectification Order Restored Section 80P Deduction

May 29, 2026 54 Views 0 comment Print

The ITAT dismissed the appeal after a rectification order under Section 154 granted the deduction under Section 80P and corrected the assessed income. The dispute no longer survived for adjudication.

Section 80P Deduction Disallowance Set Aside as CPC Made Adjustment Without Hearing Assessee

May 29, 2026 57 Views 0 comment Print

The ITAT held that deduction under Section 80P could not be disallowed through a unilateral adjustment under Section 143(1) without providing notice and an opportunity of hearing. The appeals were allowed.

Reassessment Held Void as AO Invoked Section 147 Instead of Section 153C

May 29, 2026 87 Views 0 comment Print

The reassessment was based on documents found during a search conducted on another person. The Tribunal held that proceedings should have been initiated under Section 153C and not under Sections 147/148, rendering the reassessment invalid.

ITAT Quashes Reassessment as Search-Based Material Required Action Under Section 153C, Not Section 148

May 29, 2026 60 Views 0 comment Print

The Tribunal held that documents relating to the assessee were found during the search of another person. It ruled that proceedings could only be initiated under Section 153C, making the reassessment under Section 148 invalid.

Appeal Dismissed as Section 143(1) Intimation Merged With Subsequent Scrutiny Assessment

May 29, 2026 66 Views 0 comment Print

The ITAT held that once an assessment order under Section 143(3) was passed, the earlier intimation under Section 143(1) merged into it. As a result, the appeal against the intimation became infructuous.

Charitable Trust Exemption Allowed as Delay in Form No. 10 Filing cannnot Defeat Genuine Claim

May 29, 2026 48 Views 0 comment Print

The ITAT held that exemption under Sections 11 and 12 could not be denied merely due to issues relating to filing of Form No. 10. The Assessing Officer was directed to grant relief in accordance with law.

Charitable Trust Exemption Restored as Delay in Form 10B Filing Alone cannot Defeat Claim

May 29, 2026 60 Views 0 comment Print

The ITAT held that exemption under Sections 11 and 12 could not be denied solely due to delayed filing of Form 10B. The matter was remanded for verification and grant of eligible exemption.

Income Tax Reopening Sustained as Assessee Was Alleged Beneficiary of Accommodation Entries

May 29, 2026 66 Views 0 comment Print

The Gujarat High Court upheld reopening of assessment after the Assessing Officer received information linking the assessee to alleged accommodation entries. The Court held that such information constituted tangible material sufficient to form a belief that income had escaped assessment.

Reassessment Notice Upheld as Information on Shell Companies Constituted Tangible Material

May 29, 2026 72 Views 0 comment Print

The Gujarat High Court upheld reopening of assessment based on information received from the Kolkata Investigation Wing regarding alleged shell companies. The Court held that such information provided tangible material for forming a belief that income had escaped assessment.

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