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Archive: May, 2026

Posts in May, 2026

SC Seeks Extensive Data From Allahabad HC On Pending Criminal Cases

May 14, 2026 384 Views 0 comment Print

The Supreme Court quashed criminal proceedings pending for 35 years, holding that prolonged prosecution violated the right to speedy trial under Article 21. The Court also sought extensive data from the Allahabad High Court on criminal pendency, undertrials, bail applications, and judicial vacancies.

Ad Hoc Profit Addition Deleted as Books of Account Were Never Rejected by AO

May 14, 2026 630 Views 0 comment Print

ITAT Bangalore held that profit cannot be estimated arbitrarily when regular books of account are maintained and not rejected under the Income Tax Act. The Tribunal ruled that mere decline in net profit rate does not justify ad hoc additions without evidence of suppressed sales or inflated expenditure.

Section 272A(1)(d) Penalty Unsustainable When Scrutiny Assessment Accepted Returned Income

May 14, 2026 891 Views 0 comment Print

The Jodhpur ITAT held that penalty under Section 272A(1)(d) could not survive where the Assessing Officer completed scrutiny assessment under Section 143(3) after considering replies and documents furnished later by the assessee.

Fee-Based Receipts Cannot Defeat Charitable Status for Environmental Activities: ITAT Delhi

May 14, 2026 523 Views 0 comment Print

The Delhi ITAT held that institutions engaged in preservation of environment fall under a specific charitable limb under Section 2(15). Registration under Section 12A cannot be denied merely because fee-based receipts were earned.

WhatsApp Chats Alone Cannot Justify Section 69A Addition for Jewellery Purchases: ITAT Delhi

May 14, 2026 3393 Views 0 comment Print

The Delhi ITAT held that informal WhatsApp conversations without corroborative evidence cannot establish unexplained investment under Section 69A. Since no excess jewellery, invoices, or payment proof were found, the addition was deleted.

No Advance Ruling on SEZ Invoice Endorsement Issue as Questions Fall Outside Section 97

May 14, 2026 690 Views 0 comment Print

The Gujarat AAR refused to answer questions regarding documentary proof and invoice endorsement for SEZ zero-rated supplies. The Authority held that such issues do not fall within the categories permitted under Section 97 of the CGST Act.

AAC Bricks Not Classifiable as Ceramic Products Due to Low Firing Temperature: Gujarat AAR

May 14, 2026 372 Views 0 comment Print

The Gujarat AAR held that AAC bricks cannot be classified under Chapter 69 as ceramic products because the autoclaving process does not satisfy the firing requirement prescribed for ceramic goods. The ruling classified AAC bricks under Heading 6810 as articles of cement or concrete.

AAR Gujarat Allows ITC on Construction of Concrete Tower Supporting VCV Lines for EHV Cable Manufacturing  

May 14, 2026 528 Views 0 comment Print

Gujarat AAR held that ITC on construction of a concrete VCV tower used for EHV cable manufacturing is admissible because the structure functions as foundational and structural support for plant and machinery under Section 17 of the CGST Act.

Black Mineral Water Taxable at 5% in Absence of Sugar & Flavouring

May 14, 2026 372 Views 0 comment Print

The Gujarat AAR held that black mineral water containing added minerals but no sugar, sweeteners, or flavouring is classifiable under HSN 22011010. The ruling confirms applicability of 5% GST under Entry 146 of Notification No. 09/2025.

GST AAR Allows ITC on Inputs & Services Used for Setting Up CCV Tower for Cable Manufacturing

May 14, 2026 396 Views 0 comment Print

Gujarat AAR held that input tax credit on goods and services used for constructing a CCV Tower was admissible as the structure formed an essential structural support for manufacturing machinery. The ruling clarified that such support systems are covered within “plant and machinery” under Section 17(5) of the CGST Act.

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