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Archive: May, 2026

Posts in May, 2026

Calcutta HC quahses Section 148 Notices Due to Expiry of Three-Year Limitation

May 27, 2026 429 Views 0 comment Print

The Calcutta High Court held that reassessment notices for AY 2015-16 issued after the amended limitation period under Section 149 were without jurisdiction. The Court ruled that the extended ten-year period could not apply without material showing escaped income exceeding Rs. 50 lakh.

Goetze (India) Ltd. Does Not Restrict Appellate Authorities From Entertaining New Claims: ITAT Chennai

May 27, 2026 462 Views 0 comment Print

The Tribunal held that the facts relating to delayed revised return in Shriram Investments were distinguishable and therefore did not bar consideration of the assessee’s agricultural land exemption claim.

Revenue Can Challenge Issue in Later Years if Earlier Non-Filing Was Due to Inadvertence: Delhi HC

May 27, 2026 717 Views 0 comment Print

The Court ruled that consistency in tax litigation presupposes an informed and deliberate decision by authorities. Mere failure to raise an issue in one year due to oversight does not bar future appeals.

ITAT Deletes Section 69C Addition as System-Generated Import Data Differences Were Not Real Expenditure

May 27, 2026 300 Views 0 comment Print

Chennai ITAT held that variations between Insight Portal data and GSTR-2A could not automatically establish unexplained expenditure under Section 69C. The Tribunal ruled that no addition could be sustained without evidence of actual unrecorded expenditure.

CESTAT Dismisses Valuation Appeal as Importer Unconditionally Accepted Enhanced Customs Value

May 27, 2026 342 Views 0 comment Print

Delhi CESTAT held that an importer who accepted enhanced valuation and paid duty without protest could not later challenge the assessment in appeal. The Tribunal found the acceptance of US $2.30 per kg valuation to be unconditional.

Duty Drawback Accrues After Approval: SC Upholds Delhi HC Ruling

May 27, 2026 258 Views 0 comment Print

The Supreme Court dismissed the Revenue’s challenge against the Delhi High Court ruling on duty drawback accrual, MODVAT credit treatment, and raw material consumption additions. The HC had largely ruled in favour of the assessee.

Duty Drawback Taxable on Approval, MODVAT Credit Allowed u/s 43B, but 80IB Must Be Reduced for 80HHC: Delhi HC

May 27, 2026 243 Views 0 comment Print

The Delhi High Court held that duty drawback accrues only upon passing of the order by the competent authority and not merely in the year of export.

Why Filing ITR Too Early in 2026 Can Be Risky: AIS, 26AS, TDS & Notice Risks

May 27, 2026 4275 Views 0 comment Print

Filing Income Tax Returns before AIS, TIS, and Form 26AS are fully updated can lead to mismatches, defective returns, and delayed refunds. The article explains why proper reconciliation before filing is essential.

US Inheritance Tax and FEMA

May 27, 2026 817 Views 0 comment Print

Indian families holding US stocks, ESOPs, and RSUs may face a 40% US estate tax on succession beyond the limited exemption available to non-resident aliens. The article explains why proactive planning is essential to avoid large inheritance tax exposure and FEMA complications.

Delhi ITAT Deletes Penalty on Deemed Rent Addition as Issue is Debatable

May 27, 2026 270 Views 0 comment Print

The Tribunal held that levy of penalty under Section 271(1)(c) was not justified in a case involving deemed rental income addition. It observed that the legal position on the issue was debatable during the relevant assessment year.

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