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Archive: May, 2026

Posts in May, 2026

Reassessment Invalid as Mere Change of Opinion Is Not Reason to Believe: Karnataka HC

May 7, 2026 321 Views 0 comment Print

The Karnataka High Court Full Bench ruled that reassessment under Section 147 cannot be initiated merely because the Assessing Officer changes his opinion on the same material. The Court reaffirmed that reassessment requires tangible material showing escapement of income.

ITAT Jaipur Deletes Additions as Clandestine Sales Allegation Failed Before CESTAT

May 7, 2026 321 Views 0 comment Print

ITAT Jaipur held that additions for unexplained sales and investment could not survive once the CESTAT rejected allegations of clandestine removal of goods. The Tribunal deleted additions made under Sections 69A and 69C.

Complete Guide to Partner Remuneration & Interest Under Income Tax Act, 2025

May 7, 2026 4422 Views 0 comment Print

This article explains the tax treatment of partner remuneration and interest for Partnership Firms and LLPs under Section 35(e). It covers allowable limits, working partner conditions, deed requirements, and common compliance mistakes.

New Process for Approved Group Gratuity & Superannuation funds – Form 188

May 7, 2026 1077 Views 0 comment Print

The Income Tax Department has launched Form No. 188 for online approval of Gratuity and Superannuation Funds from Tax Year 2026-27. The new system replaces the earlier text-based filing process with a fully digital procedure through the e-Filing portal.

Safe Harbour Rules under New Income Tax Act, 2025 & Rules, 2026- Part III

May 7, 2026 945 Views 0 comment Print

This article explains how Safe Harbour Rules under the Income-tax Act, 2025 interact with APAs, MAP provisions, and transfer pricing assessments. It highlights compliance obligations, MAP forfeiture risks, and transaction-specific protection from TPO scrutiny.

Section 54F Deduction Cannot Be Denied Without Adequate Opportunity to Furnish Evidence

May 7, 2026 531 Views 0 comment Print

ITAT Bangalore restored the Section 54F claim after noting that medical issues and portal difficulties prevented timely filing of evidence. The AO was directed to re-examine all supporting documents before passing any adverse order.

Environmental Work Is Not Business Activity – ITAT Restores 12A Registration to Conservation Trust

May 7, 2026 339 Views 0 comment Print

The ITAT ruled that generation of surplus and project-based contractual arrangements do not automatically convert environmental conservation activities into commercial ventures. The Tribunal directed grant of Section 12A registration after finding the activities genuinely charitable.

Interest on Compulsory Acquisition of Agricultural Land Still Exempt – ITAT Pune Deletes Tax & Penalty Together

May 7, 2026 648 Views 0 comment Print

The ITAT observed that interest awarded under Section 28 of the Land Acquisition Act differs from ordinary interest under Section 34 and forms part of enhanced compensation. Therefore, taxation provisions relating to interest income were held inapplicable.

FIFO Prevails: ITAT Mumbai Rejects “Cherry-Picked Shares” as Tax Avoidance

May 7, 2026 411 Views 0 comment Print

Mumbai ITAT upheld ₹10.76 crore addition after rejecting selective identification of physical shares for capital gains computation. The Tribunal termed the arrangement a “colourable device” to suppress taxable gains.

Wrong Section Code Can’t Kill a Genuine Trust – ITAT Rescues 12A Registration from Hyper-Technical Rejection

May 7, 2026 432 Views 0 comment Print

The Tribunal held that the charitable trust mistakenly filed Form 10AB under an incorrect clause of Section 12A due to a bona fide error. ITAT directed the CIT(E) to permit correction of the application and reconsider registration on merits.

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