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Archive: May, 2026

Posts in May, 2026

Bank Accounts Cannot Remain Frozen After ITAT Remand of Tax Appeals: Gauhati HC

May 7, 2026 321 Views 0 comment Print

The Gauhati High Court directed de-freezing of bank accounts after the ITAT remanded the income tax appeals for fresh consideration. The Court held that continued freezing during pending appeals was not justified.

ITAT Remands ₹38.04 Lakh Tax Addition as Legal Heir Was Not Given Effective Opportunity

May 7, 2026 210 Views 0 comment Print

ITAT Indore set aside the ex parte appellate order after noting that the assessee had died and the legal heirs could not effectively pursue the proceedings. The Tribunal granted one final opportunity for fresh adjudication on merits.

ITAT Quashes Assessment as DRP Order Upload Date Determined Limitation Period

May 7, 2026 324 Views 0 comment Print

The ITAT Delhi held that the upload date of DRP directions on the ITBA portal must be considered for computing limitation under Section 144C(13). Since the final assessment order was passed beyond the prescribed period, the assessment was quashed as time-barred.

CESTAT Denies Concessional Customs Duty as ABS Components Were Suitable for Use in Motor Vehicles

May 7, 2026 240 Views 0 comment Print

CESTAT Delhi held that imported ABS motors and sensors were capable of being used in motor vehicles and therefore excluded from concessional customs duty benefits. The Tribunal ruled that the exemption notification must be interpreted strictly.

ITAT deletes ₹5.68 Crore Addition as Encashed Bank Guarantees Were Govt Funds

May 7, 2026 219 Views 0 comment Print

ITAT Delhi held that amounts received from encashment of bank guarantees could not be treated as taxable income where the assessee acted only as custodian of government money. The Tribunal followed earlier rulings in the assessee’s own case and dismissed the Revenue’s appeal.

CESTAT Rejects Service Tax Demand as Mining Activity cannot Be Taxed as Site Formation Before 31.05.2007

May 7, 2026 153 Views 0 comment Print

CESTAT Delhi held that overburden removal, excavation, and lignite loading formed part of integrated mining operations taxable only after introduction of “Mining Services” from 01.06.2007. The Tribunal ruled that incidental activities could not be separately taxed under site formation services.

Delay in Filing Form 10B Not Grounds to Deny Section 11 Exemption When Report Was Filed Before Processing

May 7, 2026 237 Views 0 comment Print

Mumbai ITAT held that no further profits can be attributed to a DAPE once the Indian agent is remunerated at arm’s length for all FAR functions. The Tribunal rejected the Revenue’s “double profit attribution” theory and deleted the enhanced PE addition.

ITAT Deletes ₹3.03 Crore Addition as AO Failed to Conduct Independent Verification

May 7, 2026 441 Views 0 comment Print

The ITAT Chandigarh held that additions under Section 68 could not be sustained where the Assessing Officer failed to conduct independent inquiry or verification of creditors. The Tribunal deleted additions relating to sundry creditors and business transactions supported by documents and banking records.

Single GST Show Cause Notice Across Multiple Years Valid: Delhi High Court

May 7, 2026 690 Views 0 comment Print

The Delhi High Court ruled that GST authorities can issue a single SCN covering multiple financial years under Sections 73 and 74 of the CGST Act. The Court held that the statutory language itself permits consolidated proceedings even in non-fraud classification disputes.

Pune ITAT Allows Section 80P(2)(d) Deduction on Co-operative Bank Interest; Totgars Not Applicable

May 7, 2026 135 Views 0 comment Print

Pune ITAT held that interest earned by a co-operative credit society from deposits with co-operative banks qualifies for deduction under Section 80P(2)(d). The Tribunal clarified that the Supreme Court ruling in Totgars does not apply to such claims.

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