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Archive: May, 2026

Posts in May, 2026

ITAT Quashes Section 143(1) Adjustment as No Prior Notice Issued

May 11, 2026 303 Views 0 comment Print

ITAT Hyderabad held that CPC cannot make adjustments under Section 143(1)(a) without issuing prior intimation to the assessee as mandated by law. The Tribunal quashed the tax adjustment denying concessional tax benefits because the mandatory opportunity of response was not provided.

Whether TDS payments are more Tedious or Easy under Income Tax Act 2025

May 11, 2026 678 Views 0 comment Print

The Income Tax Department’s new TDS payment system under the Income Tax Act 2025 allows multiple TDS payments through a single challan. The change reduces repetitive filings, OTP verifications, and compliance hassles for taxpayers.

AO’s Own Penalty Order Sinks Reassessment: ITAT Holds First Section 147 Order ‘Infructuous’

May 11, 2026 162 Views 0 comment Print

The Tribunal ruled that the Income Tax Department cannot pass two reassessment orders for the same assessment year, same transaction, and same addition. The first reassessment proceedings were held legally unsustainable.

SEZ Lease Rentals Are Business Income, Not House Property: ITAT Mumbai

May 11, 2026 183 Views 0 comment Print

The Mumbai ITAT reaffirmed that lease rentals from SEZ and IT Parks along with amenities are taxable as business income. The ruling relied on CBDT Circular No. 16/2017 and multiple judicial precedents supporting taxpayers.

Delhi Liquor Policy Case: CCI Orders Probe Into Alleged Anti-Competitive Retail & Wholesale Agreements

May 11, 2026 471 Views 0 comment Print

CCI directed investigation into allegations that certain liquor manufacturers and distributors entered into restrictive agreements to increase market share and influence retail supply patterns.

Madras HC Allows Time-Share Membership Fees to Be Spread Over Contract Period

May 11, 2026 240 Views 0 comment Print

Time-share membership fees received upfront were not fully taxable under the Income Tax Act in the same year as it was intrinsically linked with continuing contractual obligations to provide accommodation and related facilities throughout the membership period and it can be spread over the contract period because services are given for many years.

Invoice Management System (IMS) under GST Acceptance, Rejection & Pending Actions on document

May 11, 2026 13893 Views 0 comment Print

GST IMS allows taxpayers to accept, reject or keep invoices pending before ITC flows to GSTR-3B, ensuring better GST ITC reconciliation.

Mutuality Principle Survives GST as Statute Cannot Override Constitutional Doctrine

May 11, 2026 543 Views 0 comment Print

The Kerala High Court held that GST cannot be imposed on member welfare contributions merely through statutory amendments. The ruling reaffirmed that the doctrine of mutuality continues unless the Constitution itself is amended to permit such taxation.

No GST on Corporate Guarantee Without Consideration: Bombay HC

May 11, 2026 1116 Views 0 comment Print

In case of corporate guarantee, “No consideration- no tax liability under GST” Bombay High court. In the recent case of M/s. D P Jain & Co. Infrastructure Private Limited vs Union of India and others Bombay High Courtheld that, In case of corporate guarantee, There was no flow of consideration for the rendering of services, […]

CESTAT Sets Aside CENVAT Credit Demands as Cross-Examination Was Denied

May 11, 2026 147 Views 0 comment Print

CESTAT Chandigarh held that statements relied upon against assessees cannot be used without following the mandatory procedure under Section 9D of the Central Excise Act. The matters were remanded after finding violation of principles of natural justice.

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