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Archive: May, 2026

Posts in May, 2026

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

May 25, 2026 411 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 273 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 168 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 435 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 471 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 288 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 348 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 390 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.

Delhi ITAT Deletes Penny Stock Addition Over Lack of Inquiry & Cross-Examination

May 25, 2026 150 Views 0 comment Print

Delhi ITAT upheld deletion of addition made under Section 69A after finding that the assessee produced complete documentary evidence for purchase and sale of LDPL shares. The Tribunal ruled that suspicion and investigation reports alone cannot override genuine DEMAT, bank and broker records.

10-Year Silence & Uncancelled GPA: SC Upholds Sale Against Fraud Claims

May 25, 2026 315 Views 0 comment Print

The Supreme Court held that allegations that GPAs were executed only as loan security failed because the appellant produced no proof of loan repayment, interest payment or discharge of debt. The burden initially remained on the person alleging fraud and sham transactions.

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