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Archive: May, 2026

Posts in May, 2026

ITAT Orders Recalculation of Section 270A Penalty Due to Wrong Under-Reported Income Computation

May 25, 2026 414 Views 0 comment Print

The Tribunal ruled that under-reported income must be calculated as the difference between assessed income and income processed under Section 143(1)(a). Penalty computation was sent back for recomputation due to incorrect methodology adopted by the AO.

ITAT Deletes Penalty Since Section 68 Addition Was Mostly Deleted: ITAT Delhi

May 25, 2026 297 Views 0 comment Print

The Tribunal deleted penalty under Section 271(1)(c) after substantially deleting the unexplained cash credit addition under Section 68. It held that penalty cannot survive when the quantum addition is largely removed and the remaining amount is estimated.

ITAT Mumbai Allows Section 54 Deduction as Allotment Letter & Payment Were Sufficient

May 25, 2026 805 Views 0 comment Print

The Tribunal observed that delays in completion of housing projects by builders cannot deprive a taxpayer of Section 54 benefits when the investment was made within the prescribed time. Deduction was allowed despite non-delivery of possession.

ITAT Quashes Assessment for Failure to Follow Section 148 Procedure on Third-Party Seized Documents

May 25, 2026 672 Views 0 comment Print

ITAT Delhi held that additions based on documents seized from a third party cannot be made under Section 143(3) without invoking reassessment proceedings under Section 148. The Tribunal quashed the assessment for non-compliance with mandatory statutory safeguards.

ITAT Delhi Remands TDS Demand Case Due to Inoperative PAN & Lack of System Alerts

May 25, 2026 420 Views 0 comment Print

ITAT Delhi held that higher TDS under Section 206AA applied where the seller’s PAN was not linked with Aadhaar. However, the Tribunal observed that the tax department should have incorporated system alerts for inoperative PANs and remanded the matter for fresh verification.

Transit State Cannot Penalise Pure Inter‑State Transit: Limits of Cross‑Empowerment under GST

May 25, 2026 882 Views 0 comment Print

The Allahabad High Court held that SGST authorities of a pure transit State cannot impose penalties under Section 129 where no tax incidence arises in that State. The ruling protects inter-State trade from excessive GST enforcement during transit movement.

Appearance before Appellate Authority: Practical Aspects

May 25, 2026 690 Views 3 comments Print

The article explains that success before appellate forums depends not only on legal knowledge but also on preparation, courtroom etiquette, and communication skills. Proper presentation and strategic handling significantly strengthen a representative’s case.

IBC 2026: Transformative reforms may falter without institutional readiness

May 25, 2026 534 Views 1 comment Print

The Insolvency and Bankruptcy Code (Amendment) Act, 2026 introduces creditor-led insolvency, group insolvency, and cross-border resolution mechanisms to modernize India’s insolvency framework. The article explains how the reforms aim to speed up resolutions and strengthen creditor confidence.

CCFS-2026: A Practical Relief Window for Defaulting Companies under MCA

May 25, 2026 690 Views 0 comment Print

The MCA’s Companies Compliance Facilitation Scheme, 2026 provides major relief by reducing additional filing fees for pending annual compliances by 90%. The article explains how companies can regularize filings, avoid penalties, and reduce compliance costs.

Occupancy Certificate Not Starting Point for Indexation: Bangalore ITAT Allows Benefit From Actual Use Date

May 25, 2026 495 Views 0 comment Print

The Bangalore ITAT held that indexation benefit for capital gains must be allowed from the year the property was first rented and income was offered to tax, not from the date of occupancy certificate.

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