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Archive: May, 2026

Posts in May, 2026

TDS Never Sleeps: How Form 26AS Triggers Tax Scrutiny

May 6, 2026 8190 Views 0 comment Print

The Tribunal held that TDS entries appearing in Form 26AS are sufficient material for reopening assessments when no return is filed. The ruling emphasizes that taxpayers must reconcile Form 26AS with books and returns to avoid reassessment proceedings.

GST Confiscation Proceedings Quashed as Stock Discrepancy Must Be Examined Under Sections 73/74

May 6, 2026 456 Views 0 comment Print

The case involved GST proceedings initiated after alleged excess stock was found during a factory survey. The Court held that Section 130 proceedings were wrongly initiated and invalidated the confiscation-related orders passed by the authorities.

Tax Exemption at Risk for Charitable Institutions Allegedly Operated Like Businesses

May 6, 2026 816 Views 0 comment Print

The Income-tax Department intensified scrutiny of charitable entities after finding high surplus margins, premium pricing, and commercial-style operations. The developments show that institutions functioning like businesses may lose tax exemptions despite charitable registration.

Unlisted Bonds Lose LTCG Benefit; No Capital Gains Exemption for Depreciable Assets under Income Tax Act 2025

May 6, 2026 711 Views 0 comment Print

The new law treats gains from depreciable assets as short-term capital gains for all purposes, not merely for computation. This effectively removes exemption benefits previously allowed through judicial interpretation under the old regime.

Customs Broker Cannot Be Penalised Merely for Non-Physical Verification of Client Address

May 5, 2026 543 Views 0 comment Print

High Court held that customs regulations require verification through reliable documents and data, not mandatory physical inspection of a client’s premises.

GST on Hosting Services: OIDAR Classification, RCM Liability & Latest Judgments

May 5, 2026 987 Views 0 comment Print

This case explains how foreign digital services like hosting fall under OIDAR and become taxable imports under GST. It highlights compliance through Reverse Charge Mechanism and ITC eligibility for registered businesses.

Legal Analysis of Applicability of GST on Bar Associations

May 5, 2026 855 Views 0 comment Print

This case explains how GST law overrides mutuality by treating associations and members as distinct taxable persons. It clarifies that internal transactions like membership fees now qualify as taxable supply.

Political Donation Reassessment Notice Quashed as Issued by Wrong Authority

May 5, 2026 1434 Views 0 comment Print

The Tribunal held that notice under Section 148 was invalid as it was issued by an officer lacking jurisdiction. It relied on CBDT Instruction prescribing monetary limits. The ruling highlights strict adherence to jurisdictional norms.

RTI Appeal Rejected Due to Information Already Provided in Existing Records

May 5, 2026 252 Views 0 comment Print

The issue involved alleged incomplete disclosure under RTI. The authority held that all available records were already shared and no further disclosure was required.

Insolvency Professional Suspended Due to Failure to Disclose Conflict of Interest

May 5, 2026 405 Views 0 comment Print

The case involved non-disclosure of overlapping interests between contractor and resolution applicant. The authority held that lack of transparency compromised the process and imposed a three-year suspension.

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