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Archive: May, 2026

Posts in May, 2026

ITAT Delhi Deletes IDS Addition as Income Was Taxed in Wrong Assessment Year

May 12, 2026 195 Views 0 comment Print

The ITAT Delhi held that undisclosed income declared under IDS-2016 but unpaid within prescribed time must be taxed in the year of declaration, not the original assessment year. The reassessment addition for AY 2013-14 was deleted.

NCLT Cannot Keep Reserved IBC Matter Pending Indefinitely: Bombay HC

May 12, 2026 228 Views 0 comment Print

The Bombay High Court directed constitution of a special NCLT Bench after an insolvency petition remained pending despite being reserved for orders twice. The Court held that delay frustrated the purpose of IBC proceedings.

Residential Quarters for Employees Not Taxable as Commercial Construction: CESTAT Allahabad

May 12, 2026 156 Views 0 comment Print

Tribunal ruled that construction services relating to employee residential colonies were outside scope of commercial or industrial construction services during relevant period.

ITAT Kolkata Allows Foreign Tax Credit Despite Late Filing of Form 67

May 12, 2026 219 Views 0 comment Print

The ITAT Kolkata held that delayed filing of Form No. 67 is only a procedural defect and cannot deprive an assessee of Foreign Tax Credit under Section 90 and the India-USA DTAA.

Quicklime With Less Than 98% Purity Falls Under CTH 2522: SC

May 12, 2026 273 Views 0 comment Print

The Supreme Court dismissed the Revenue’s appeals after observing that the classification dispute had already been settled in an earlier judgment upheld by the Court. The ruling confirms reliance on the precedent followed by CESTAT.

ITAT Delhi Rejects Revenue Appeal Over Presumptive Taxation & Jewellery Additions

May 12, 2026 315 Views 0 comment Print

The ITAT Delhi held that once income higher than the presumptive rate under Section 44AD was declared, the assessee was not required to maintain detailed books or expense records. The addition based on estimated expenditure was deleted.

ITAT Remands Section 54F Dispute Due to Non-Consideration of Evidence

May 12, 2026 183 Views 0 comment Print

The ITAT Delhi held that the lower authorities failed to properly consider the assessee’s submissions and documentary evidence in a Section 54F dispute. The matter was remanded to the Assessing Officer for fresh adjudication after granting proper hearing opportunity.

ITAT Rejects MAT Addition as Company Validly Opted for Section 115BAA Concessional taxation

May 12, 2026 363 Views 0 comment Print

ITAT Delhi held that MAT provisions under Section 115JB cannot apply once a company validly opts for concessional taxation under Section 115BAA. The Tribunal also relied on consistency as the department had accepted the option in earlier years.

ITAT Delhi Rejects Appeal as AO’s Situs Determines Territorial Jurisdiction

May 12, 2026 219 Views 0 comment Print

ITAT Delhi held that territorial jurisdiction depends on the location of the Assessing Officer handling the assessment. Since the assessee’s jurisdiction lay in Agra, the Delhi Bench dismissed the appeal.

ITAT Accepts Spam Folder Explanation as Reasonable Cause for Missing Tax Notice

May 12, 2026 2322 Views 0 comment Print

The Tribunal ruled that the appellate authority should have adopted a liberal approach while considering additional evidence crucial to adjudication. The assessee was granted another opportunity to substantiate the exemption claim.

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