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Archive: May, 2026

Posts in May, 2026

Declared Commission Income Cannot Be Ignored While Examining Cash Deposits: ITAT Agra

May 24, 2026 165 Views 0 comment Print

The ITAT Agra held that cash deposits could not be treated as unexplained where the assessee had already disclosed commission income in the income tax return. The Tribunal granted relief after finding that the Assessing Officer failed to consider the declared income source.

ITAT Quashes Section 148 Notice as Reassessment Was Initiated Beyond Six-Year Limitation

May 24, 2026 426 Views 0 comment Print

The ITAT Visakhapatnam held that a reassessment notice issued after expiry of six years for AY 2015-16 was barred by limitation under the first proviso to Section 149(1). The Tribunal ruled that the amended ten-year reopening period could not revive time-barred cases.

CBDT Circular Cannot Be Used to Mandate 20% Deposit in Every Stay Application: Delhi HC

May 24, 2026 414 Views 0 comment Print

The Delhi High Court held that tax authorities should ordinarily grant complete stay of disputed demand when the issue is already covered in favour of the assessee by a binding jurisdictional High Court judgment.

ITAT Allows Telescoping as Income Already Declared Cannot Be Taxed Again as Commission

May 24, 2026 294 Views 0 comment Print

The Tribunal held that once transactions are treated as bogus, there is no basis for separately allowing expenses reflected in gross profit. Telescoping was therefore restricted to net income disclosed in the return.

Delhi HC Rejects Section 69C Addition as Genuine Purchases Cannot Be Disallowed Due to Cash Sales

May 24, 2026 207 Views 0 comment Print

The Delhi High Court ruled that deposits arising from cash sales did not render genuine import purchases unexplained. The Court emphasized that the transactions were supported by customs and banking documents.

Reopening Invalid as Third-Party Seized Papers Did Not Match Assessee’s Land Transaction: Gujarat HC

May 24, 2026 225 Views 0 comment Print

The Gujarat High Court set aside a Section 148 notice after finding no direct or indirect connection between the assessee and the seized third-party documents. The Court held that reassessment based on vague material and assumptions was unsustainable.

Additions for Unaccounted Sales Cannot Be Based on Mere Suspicion or Estimated Production Yield: SC

May 24, 2026 267 Views 0 comment Print

The Supreme Court upheld the finding that rejection of books and addition for suppressed production were invalid where the Assessing Officer relied only on estimated yield comparisons. The ruling reiterates that tax assessments require tangible supporting material.

Chhattisgarh HC Deletes Income Tax Addition as Estimated Yield Was Based on Guesswork

May 24, 2026 249 Views 0 comment Print

The Chhattisgarh High Court upheld deletion of ₹15.94 crore addition after finding no adverse material supporting allegations of suppressed production and unaccounted sales. The Court reaffirmed that assessments cannot be based on mere assumptions or estimated yield comparisons.

EPFO Claims Rejected in CIRP Due to Lack of Sections 7A, 7Q & 14B Adjudication

May 24, 2026 297 Views 0 comment Print

The NCLT Mumbai approved a resolution plan after holding that EPFO claims based on provisional and pro-rata calculations without adjudication under Sections 7A, 7Q, and 14B could not be admitted in CIRP. The ruling clarified that only crystallized statutory liabilities determined through due process are admissible.

Section 263 Revision Invalid as CIT Raised Issues Beyond Reassessment Scope: ITAT Delhi

May 24, 2026 243 Views 0 comment Print

Delhi ITAT held that revision under Section 263 was invalid because the Assessing Officer had already made additions on the exact issue for which reassessment was reopened. The Tribunal ruled that the reassessment order was not erroneous or prejudicial to Revenue.

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