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Archive: May, 2026

Posts in May, 2026

Demonetisation Cash Deposits of Principals Cannot Be Added in Agent’s Hands: Delhi ITAT

May 28, 2026 129 Views 0 comment Print

The ITAT held that cash deposited by a money transfer agent during demonetisation could not be treated as unexplained income when the funds belonged to principal payment service providers. The Tribunal observed that the assessee merely acted as a collection agent and transferred the amounts to the principals.

Delay in Form 10B Filing No Bar to Section 11 Exemption: Bangalore ITAT

May 28, 2026 108 Views 0 comment Print

The Bangalore Bench held that filing Form No. 10B along with the return is directory and not mandatory in circumstances where the audit report becomes available during appeal proceedings. Relief under Sections 11 and 12A was restored.

FIR Against an Advocate for Filing a GST Appeal Quashed: A Defining Constitutional Moment for the Independence of the Bar

May 28, 2026 1140 Views 0 comment Print

The Court ruled that prosecuting an Advocate for professional legal work amounts to misuse of criminal law and threatens the justice delivery system. It observed that disagreement with legal interpretation cannot automatically become criminal conspiracy.

P&H HC Quashes Separate GST on Flat Location Charges After Clarificatory Circular

May 28, 2026 327 Views 0 comment Print

The Punjab and Haryana High Court held that preferential location charges for flats form part of construction services and cannot be taxed separately. The Court quashed earlier advance ruling orders after relying on the GST Council recommendation and government clarification.

Delhi ITAT Quashes Reassessment Over AO’s Non-Application of Mind

May 28, 2026 105 Views 0 comment Print

The ITAT held that reassessment proceedings were invalid because the Assessing Officer wrongly stated that the original return was never scrutinized. The Tribunal ruled that such factual errors while recording reasons showed complete non-application of mind.

SC Upholds Section 63(4) as Hash Value Requirement Ensures Authenticity of Electronic Evidence

May 28, 2026 480 Views 0 comment Print

The Supreme Court held that disclosure of hash value and expert certification under the Bharatiya Sakshya Adhiniyam has a rational nexus with ensuring authenticity and integrity of electronic records.

Delhi ITAT: No ‘Asset’, No Reopening Beyond 3/6 Years; 148 Notices Quashed

May 28, 2026 801 Views 0 comment Print

ITAT Delhi held that reassessment proceedings beyond the prescribed period were invalid where alleged escaped income arose from unaccounted sales and not from assets. The Tribunal ruled that conditions under Sections 149 and 153A were not satisfied, leading to quashing of multiple reassessment notices.

Decree Without Jurisdiction and Reasons Is Inexecutable: SC

May 28, 2026 168 Views 0 comment Print

The Supreme Court ruled that a decree passed without deciding maintainability and jurisdiction issues cannot be executed. It held that absence of judicial reasoning rendered the decree void and unenforceable.

Calcutta HC Sets Aside Section 148A(d) Order as No Personal Hearing Was Granted

May 28, 2026 840 Views 0 comment Print

The Calcutta High Court held that reassessment proceedings violated principles of natural justice since the assessee was not provided an opportunity of personal hearing before passing the order under Section 148A(d).

NRI ITR Filing: Taxable Income, ITR-2 vs ITR-3, TDS Refund and Bank Account Rules

May 28, 2026 1236 Views 1 comment Print

Wrong ITR form selection, incorrect residential status, and missing Indian income disclosures can create tax complications for NRIs. Proper verification of AIS, Form 26AS, and bank details is essential before filing returns.

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