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Archive: May, 2026

Posts in May, 2026

ITAT Deletes Section 50C Addition as Stamp Value Difference Was Within 5% Safe Harbour

May 9, 2026 261 Views 0 comment Print

The ITAT Indore held that Section 50C could not be invoked where the difference between actual sale consideration and stamp duty valuation was only 1.19%. The Tribunal directed adoption of actual sale consideration as the full value for capital gains computation.

Filing of Form 10-IE for New Tax Regime Is Directory, Not Mandatory: ITAT Ahmedabad

May 9, 2026 426 Views 0 comment Print

The ITAT Ahmedabad held that Form 10-IE filed along with the return could not be ignored merely because it was not filed within the due date under Section 139(1). The Tribunal directed CPC to recompute tax under the new tax regime.

Delayed Form 10DA Filing Cannot Defeat Genuine Section 80JJAA Claim: ITAT Hyderabad

May 9, 2026 294 Views 0 comment Print

ITAT Hyderabad held that deduction under Section 80JJAA cannot be denied merely because Form No. 10DA was filed late due to technical glitches on the income tax portal. The Tribunal noted that the form was available with CPC before processing the return.

Section 271(1)(c) Penalty Quashed as Wrong Claim Alone Is Not Concealment: ITAT Rajkot

May 9, 2026 651 Views 0 comment Print

The ITAT Rajkot held that mere disallowance of expenditure during assessment proceedings does not automatically justify penalty under Section 271(1)(c). The Tribunal found no concealment or furnishing of inaccurate particulars by the assessee.

Telangana HC Condones 2913-Day Delay as Notices Were Sent to Wrong Address

May 9, 2026 261 Views 0 comment Print

The Telangana High Court restored an income tax appeal after finding that notices were not sent to the consultant’s address mentioned in the appeal memo. The Court condoned a delay of 2913 days subject to payment of Rs. 50,000 as costs.

Delhi HC Quashes GST Order Due to Illusory Hearing & Same-Day GST Adjudication

May 9, 2026 378 Views 0 comment Print

The Delhi High Court set aside a GST demand order after finding that the taxpayer was given less than one effective working day to respond to additional queries. The Court held that such truncated timelines violated principles of natural justice.

GST Appeals Cannot Be Rejected Without Considering Pre-Deposit Representation: Madras HC

May 9, 2026 309 Views 0 comment Print

The High Court directed the Appellate Authority to examine the taxpayer’s request to treat an earlier court-ordered deposit as statutory pre-deposit for GST appeals. The issue arose due to changes in the GST portal architecture and appeal filing process.

Parallel GST Investigations on Same ITC Issue Held Impermissible by Bombay HC

May 9, 2026 303 Views 0 comment Print

The Bombay High Court held that State GST authorities could not initiate parallel proceedings and attach bank accounts when Central GST authorities were already investigating the same alleged ITC liability.

Personal Hearing Cannot Be Denied Despite ‘No’ Selection in GST DRC-06: Gujarat HC

May 9, 2026 465 Views 0 comment Print

The Gujarat High Court held that a taxpayers selection of No for personal hearing in Form DRC-06 cannot override the mandatory requirement under Section 75(4) of the GST Act. The Court quashed the order passed without granting personal hearing.

Delhi HC Quashes Second GST Bank Attachment as No Change in Circumstances

May 9, 2026 207 Views 0 comment Print

The Delhi High Court held that a second provisional attachment under Section 83 of the CGST Act cannot be sustained when there is no change in circumstances. The Court ruled that repeated attachment orders after expiry of the first order violate the statutory safeguard under Section 83(2).

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