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Archive: May, 2026

Posts in May, 2026

Satisfaction Note Without Link to Income Held Invalid: ITAT Cancels Section 153C Proceedings

May 15, 2026 423 Views 0 comment Print

ITAT Delhi held that a satisfaction note under Section 153C must clearly state how seized material bears on the assessee’s income determination. The Tribunal quashed the assessments after finding the statutory requirement was not properly recorded.

Filing GST Returns After Assessment Nullifies DRC-07 Recovery Proceedings: AP HC

May 15, 2026 504 Views 0 comment Print

The Andhra Pradesh High Court held that a GST assessment order issued under Section 62 stood automatically withdrawn after the taxpayer filed pending returns with tax, interest, and late fee.

Penny Stock Loss Addition deleted in absence of Share Price Manipulation Evidence

May 15, 2026 615 Views 0 comment Print

Kolkata ITAT upheld deletion of addition relating to alleged bogus penny stock loss after finding that the assessee had furnished contract notes, demat records, broker statements, and bank documents supporting the transactions.

No TDS Disallowance on Branch Transfer & Remuneration to Partner

May 15, 2026 507 Views 0 comment Print

Mumbai ITAT ruled that transfer of professional fees between branches through journal entries did not attract TDS liability. The Tribunal accepted ICAI records confirming the existence of the Ahmedabad branch.

GST: Marketing & Recruitment Support to Foreign Universities Not Taxable as Intermediary Services

May 15, 2026 522 Views 0 comment Print

The Delhi High Court held that consultancy and recruitment support services provided to foreign universities qualify as export of services under GST. The Court ruled that incidental involvement of Indian students does not convert such services into intermediary services.

SC Upholds Reassessment as Approval Stating “Fit Case” Was Held Valid

May 15, 2026 516 Views 0 comment Print

The Supreme Court upheld the High Court ruling that approval stating fit case for reopening satisfied Section 151 requirements. The reassessment proceedings linked to alleged accommodation entries were restored.

ITAT Orders Fresh Hearing in Facebook Advertisement Payment TDS Case

May 15, 2026 288 Views 0 comment Print

Mumbai ITAT held that the CIT(A) cannot dismiss an appeal merely for non-prosecution without adjudicating the issues on merits. The matter relating to TDS on payments to Facebook Netherlands was remanded for fresh consideration.

No Section 41(1) Addition Permissible Without Proof of Cessation of Liability

May 15, 2026 345 Views 0 comment Print

The ITAT Raipur held that additions for cessation of liability cannot be made merely because creditor confirmations were not filed when PAN details, ledger accounts, and other records were already submitted.

ITAT Allows BAPA Margin for Non-US AE Transactions Due to Identical FAR Profile

May 15, 2026 288 Views 0 comment Print

The Tribunal ruled that margins agreed under a Bilateral Advance Pricing Agreement may be used for non-covered AEs when transactions are functionally similar. The decision emphasized consistency and the lack of separate benchmarking by the TPO.

CBIC Extends Customs Relief Measures Amid Strait of Hormuz Maritime Disruptions

May 14, 2026 870 Views 0 comment Print

CBIC extended the validity of multiple customs circulars issued under Section 143AA until 30 June 2026 because of ongoing maritime disruptions caused by the closure of the Strait of Hormuz.

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