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Archive: May, 2026

Posts in May, 2026

Bombay HC Allows Reconsideration of Manual GST Appeal Due to Missing DRC-07 on Portal

May 18, 2026 552 Views 0 comment Print

The Bombay High Court held that rejection of a manual GST appeal was unsustainable where DRC-07 was not available on the GST portal. The matter was remanded for reconsideration under the proviso to Rule 108 of the CGST Rules.

Subsequent 12AA Registration Saves Trust: ITAT Treats Corpus Donation as Capital Receipt, Deletes Tax Addition

May 18, 2026 423 Views 0 comment Print

The Tribunal ruled that corpus donations cannot be taxed merely because Section 12AA registration was granted subsequently. Once registration existed before processing of return, exemption under Section 11 could not be denied.

Rajasthan HC Quashes Rape FIR Against Husband, Calls Proceedings Abuse of Law

May 18, 2026 1581 Views 0 comment Print

Applying Exception 2 to Section 375 IPC, Rajasthan HC ruled that no rape offence could be made out against a legally wedded husband where wife was an adult. Court therefore quashed the FIR and all consequential proceedings.

ITAT Deletes Capital Gains & Alleged On-Money Addition: Agricultural Land Outside Section 2(14), 50C Inapplicable

May 18, 2026 393 Views 0 comment Print

The Tribunal held that agricultural land situated beyond notified municipal limits is not a capital asset under the Income Tax Act. It deleted the entire capital gains addition arising from sale of such land.

Throwing Non-Veg Food Waste Into Ganga Can Hurt Hindu: Allahabad HC

May 18, 2026 390 Views 0 comment Print

The Allahabad High Court observed that throwing non-vegetarian food waste into the River Ganga could hurt the religious sentiments of the Hindu community. However, the Court granted bail after finding that the accused had expressed regret and the investigation would continue unaffected.

Premature Surrender of Pension Policy Not Taxable as Income from Other Sources: ITAT Ahmedabad

May 18, 2026 307 Views 0 comment Print

The Tribunal held that amount received on surrender of a pension policy could not be taxed as Income from Other Sources without proper examination of Section 80CCC(2). The entire addition of ₹10.40 lakh was deleted.

Cancelled Property Deal Cannot Trigger Section 69 Addition: ITAT Deletes ₹4.96 Lakh Unexplained Investment Addition

May 18, 2026 276 Views 0 comment Print

ITAT Ahmedabad held that no unexplained investment addition could survive where the booked property deal was cancelled and funds were refunded. The ruling emphasized verification of actual payment flow and subsequent cancellation events.

Capital Introduced in Firm Not Automatically Unexplained Income: ITAT Ahmedabad

May 18, 2026 225 Views 0 comment Print

The Tribunal held that capital introduced in a partnership firm cannot be treated as unexplained merely on suspicion when confirmations, bank statements, and source details are available. The entire addition of ₹29 lakh under Section 69A was deleted.

ITAT Hyderabad Upholds Sec 263 Revision Over Inadequate Capital Gains Inquiry

May 18, 2026 411 Views 0 comment Print

The Tribunal held that the AO failed to properly verify the genuineness of a cancelled property sale transaction before accepting the assessee’s claim of no capital gains. It ruled that lack of inquiry justified revision under Section 263.

U/s 153C Assessments Quashed – Mere Seized Material Not Enough Unless AO Shows Its Bearing on Total Income

May 18, 2026 813 Views 0 comment Print

The Tribunal ruled that the Revenue must establish a direct connection between seized material and the assessee’s taxable income before invoking Section 153C. Mechanical initiation of proceedings for multiple years was declared invalid.

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