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Archive: May, 2026

Posts in May, 2026

Delhi HC Allows Inspection of Foreign Tax Documents as Fair Cross-Examination Rights Must Be Protected

May 11, 2026 279 Views 0 comment Print

The High Court held that documents received through official international channels carry presumption of genuineness but must still satisfy proof requirements under Section 78 of the Indian Evidence Act.

ITAT Delhi Deletes Section 69A Addition as Sales Were Recorded in Books

May 11, 2026 546 Views 0 comment Print

ITAT Delhi held that Section 69A could not be invoked where the Assessing Officer himself accepted that transactions were recorded in the books of account. The matter was remanded for limited verification of sales records and related documents.

ITAT Allows Carry Forward of LTCG Loss as Section 54F Exemption Must Be Applied First

May 11, 2026 495 Views 0 comment Print

The Mumbai ITAT held that exemption under Section 54F has to be given effect before applying set-off provisions under Section 70(3). The assessee was allowed to carry forward long-term capital loss separately.

SC Upholds Delay Condonation in Form 10B Filing as Audit Report Was Already Submitted

May 11, 2026 384 Views 0 comment Print

The Supreme Court dismissed the challenge to a Bombay High Court order condoning delay in filing Form 10B audit report under the Income Tax Act. The High Court had accepted the explanation that the delay occurred due to lack of awareness of newly introduced online filing procedures.

Service Tax Dispute on Courier & GTA Services Sent Back for Lack of Proper Findings

May 11, 2026 195 Views 0 comment Print

CESTAT Chennai held that lower authorities failed to comprehensively verify courier invoices, consignment notes and tax payment records before confirming service tax demand. The matter was remanded for fresh adjudication.

Ex Parte GST Assessment Set Aside Due to GSTR-7 TDS Reporting Variations: Madras HC

May 11, 2026 1032 Views 0 comment Print

The Madras High Court set aside a Section 74 GST assessment order involving mismatch between GSTR-1, GSTR-3B, and GSTR-7 returns in government contract transactions. The Court ordered fresh adjudication after noting that 23% of the disputed tax had already been recovered.

Sale of Stridhan Jewellery Cannot Be Rejected Solely Due to Absence of Wealth Tax Return: ITAT Mumbai

May 11, 2026 477 Views 0 comment Print

ITAT observed that Assessing Officer had treated jewellery sale proceeds as unexplained mainly because no wealth tax returns were filed. Tribunal restored the matter for fresh examination in light of supporting vouchers and legal precedents.

CESTAT Rejects ADD Demand Due to Lack of Proof on Alleged Iran Origin of Imported Goods

May 11, 2026 216 Views 0 comment Print

CESTAT Mumbai set aside anti-dumping duty demands after finding that WhatsApp chats, emails, and statements relied upon by Revenue were not authenticated under Section 138C of the Customs Act. The Tribunal held that primary documentary evidence supporting Uzbekistan origin had not been disproved.

GST Portal Technical Failure Cannot Prevent QRMP Exit: Calcutta HC

May 11, 2026 153 Views 0 comment Print

The Calcutta High Court directed GSTN authorities to carry out backend changes after the GST portal failed to process the taxpayer’s request to opt out of the QRMP Scheme. The Court permitted migration to monthly GST return filing from March 2026.

Telangana HC Allows Assessee to Pursue GST Appeal Over ITC Mismatch Dispute

May 11, 2026 189 Views 0 comment Print

The Telangana High Court held that time spent pursuing a rectification application and writ proceedings may be considered while deciding delay condonation in a GST appeal. The Court permitted the assessee to approach the appellate authority on merits.

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