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Archive: May, 2026

Posts in May, 2026

SC Clarifies Scope of “Expert” Under Section 63(4) BSA While Upholding Digital Evidence Safeguards

May 28, 2026 462 Views 0 comment Print

Supreme Court held that certification of electronic evidence under Bharatiya Sakshya Adhiniyam cannot be restricted only to Section 79A government-notified examiners. Ruling allows qualified private cyber forensic experts to certify electronic records subject to judicial satisfaction.

Indexed Factory Building Cost Allowed Despite ‘Vacant Land’ Deed; Stamp Duty Value Can’t Inflate Tax

May 28, 2026 66 Views 0 comment Print

: ITAT Bangalore held that indexed cost of construction cannot be denied merely because the sale deed described the property as a vacant plot. The Tribunal accepted documentary evidence such as rental income records, approved plans, contractor confirmations, and TDS details to establish existence of the building.

87A Rebate Allowed on STCG u/s 111A, CPC Denial Quashed: Bangalore ITAT

May 28, 2026 246 Views 0 comment Print

ITAT Bangalore held that rebate under Section 87A cannot be denied on short-term capital gains taxable under Section 111A where total income is below Rs. 7 lakh. The Tribunal ruled that no statutory prohibition existed during the relevant assessment year.

Reassessment Notices Quashed as ITBA Portal Dispatch Happened After Limitation Deadline

May 28, 2026 270 Views 0 comment Print

Telangana High Court held that reassessment notices under Section 148 were time-barred because they were dispatched from the ITBA portal after 31.03.2021. The Court ruled that mere digital signing or generation of notices within limitation was insufficient without actual dispatch.

Section 87A Rebate not Allowed on LTCG under section 112: Bangalore ITAT

May 28, 2026 678 Views 0 comment Print

The Tribunal ruled that long-term capital gains taxable under Section 112 form part of total income and qualify for Section 87A rebate if the prescribed income limit is satisfied. It also held that Finance Act 2025 amendments restricting the rebate are prospective.

P&H HC Refuses to Quash Section 148 Notice as Reassessment Proceedings Were Still Pending

May 28, 2026 153 Views 0 comment Print

The High Court held that writ jurisdiction should not be exercised at a premature stage when reassessment proceedings under the Income Tax Act are yet to be concluded. The petitioner was directed to pursue statutory remedies.

ITAT Restricts Demonetization Cash Deposit Addition to Rs.1 Lakh Because Earlier Withdrawals Were Ignored

May 28, 2026 117 Views 0 comment Print

The ITAT Agra held that the tax authorities failed to consider earlier cash withdrawals while treating demonetization deposits as unexplained. The Tribunal restricted the addition to Rs.1 lakh and granted substantial relief to the assessee.

No Section 68 Addition on Demonetisation Cash Deposits Supported by Business Receipts: ITAT Delhi

May 28, 2026 177 Views 0 comment Print

The ITAT held that cash deposits during demonetisation could not be treated as unexplained when the assessee had disclosed sales and provided debtor details. The Tribunal ruled that taxing the same receipts again under Section 68 would amount to double taxation.

Bangalore ITAT Deletes Ad-Hoc Transport Expense Disallowance: AO Can’t Expect Perfect Vouchers for Highway Expenses

May 28, 2026 84 Views 0 comment Print

The Bangalore ITAT deleted disallowance on transport expenses incurred across India through drivers and local agents. The ruling emphasized that practical realities of the transport industry cannot be ignored while assessing business expenditure.

Tamil Nadu GST Circular Shifts LTU Adjudication to Deputy Commissioners

May 28, 2026 252 Views 0 comment Print

The Tamil Nadu Commercial Taxes Department directed that adjudication of LTU taxpayers inspected by the Intelligence Wing will now be handled only by Deputy Commissioners (LTU). The circular aims to streamline GST adjudication and improve ease of doing business.

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