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Archive: 29 May 2026

Posts in 29 May 2026

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

May 29, 2026 477 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 303 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 402 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 297 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 255 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 297 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 423 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.

Delhi HC Allows Reassessment as DRI Information on Alleged Bogus Purchases Constituted Tangible Material

May 29, 2026 357 Views 0 comment Print

The case concerned reopening of completed income tax assessments based on information received from DRI and Central Excise authorities. The Delhi High Court held that such information constituted tangible material sufficient to justify reassessment proceedings.

SC Dismisses GST Challenge Because Effective Statutory Appeal Remedy Was Available

May 29, 2026 393 Views 0 comment Print

The case concerned a penalty order arising from alleged quantity discrepancies and missing supporting documents. The Supreme Court upheld the High Courts view that factual issues should be examined by the appellate authority rather than through writ proceedings.

Calcutta HC Dismissed GST Appeal as Effective Alternative Remedy Was Available

May 29, 2026 570 Views 0 comment Print

The Division Bench held that issues relating to weight discrepancy and penalty involved disputed questions of fact. The Court ruled that such matters should be decided through the statutory appellate mechanism rather than in writ proceedings.

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