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Archive: May, 2026

Posts in May, 2026

Demonetisation Cash Deposit Addition Sent Back due to Natural Justice Violation

May 11, 2026 174 Views 0 comment Print

ITAT Delhi held that effective opportunity of hearing was not provided before passing ex parte assessment and appellate orders. The matter relating to sustained addition was remanded back to the Assessing Officer for fresh adjudication.

Pharma Job Work Held as Manufacturing Activity, Not Renting Service for Service Tax Levy

May 11, 2026 177 Views 0 comment Print

CESTAT Hyderabad ruled that pharmaceutical conversion work carried out under a job work agreement amounted to manufacture and not renting of immovable property. The Tribunal held that such activity falls outside service tax levy.

Delhi HC Issues Guidelines on Quashing of Consensual POCSO Cases

May 11, 2026 540 Views 0 comment Print

The Delhi High Court quashed a POCSO FIR after noting that the relationship was consensual and the parties were married with a child. The Court held that continuation of prosecution would harm the woman and infant child.

SC Holds Guarantor Liable for Original Loan, Not Unauthorized Overdrawals

May 11, 2026 567 Views 0 comment Print

The Supreme Court held that sureties cannot be burdened with liability for excess withdrawals allowed by the bank without their consent. However, guarantors remain liable for the original sanctioned loan amount covered by the guarantee.

Ease of Doing Business in India: Promise vs Reality

May 11, 2026 561 Views 0 comment Print

Despite major policy reforms and digitisation, businesses continue to face delays, inconsistent departmental practices, and avoidable litigation. The article highlights the gap between reform promises and practical implementation.

Digital Companies Earn From India Without Fair Tax Liability

May 11, 2026 462 Views 0 comment Print

The article explains how multinational digital companies generate substantial revenue from Indian users while shifting profits to low-tax jurisdictions. Existing transfer pricing rules struggle to capture value created through digital presence and data monetisation.

SC Upholds Quashing of Section 148 Notices Issued to Foreign GE Group Entities

May 11, 2026 252 Views 0 comment Print

The Supreme Court declined to interfere with the Delhi High Court order quashing reassessment notices issued to multiple foreign companies of the GE Group. The High Court had held that the Assessing Officer lacked tangible material to reopen assessments.

Access to Coursera Content Is Licensing of Intellectual Property Rights: Odisha AAR

May 11, 2026 228 Views 0 comment Print

The Authority observed that the core element of the transaction was the grant of a non-exclusive right to access Coursera’s proprietary digital platform. It ruled that the supply involved licensing of intellectual property rather than educational services.

CAAR Denies Complete Elevator Classification Due to Missing Essential Components

May 11, 2026 240 Views 0 comment Print

CAAR Mumbai held that imported elevator parts lacking guide rails, structural supports, and enclosure systems could not be classified as complete elevators under Rule 2(a). The authority ruled that the imports only represented parts and sub-assemblies requiring separate tariff classification.

No TDS on Bandwidth Payments as IPLC Charges Are Not Royalty: Madras HC

May 11, 2026 273 Views 0 comment Print

The Court rejected the Revenue’s argument that payments for bandwidth and telecom connectivity constituted consideration for use of equipment. It held that the remittances were not royalty and therefore outside the scope of TDS liability.

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