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Archive: May, 2026

Posts in May, 2026

Cash Withdrawn Earlier Cannot Become ‘Unexplained Cash’ on Re-Deposit: ITAT Bangalore

May 23, 2026 330 Views 0 comment Print

The Tribunal accepted the assessee’s explanation that unspent cash withdrawn for labour and petty expenses was redeposited into the same bank account. The Section 68 addition was consequently deleted.

Foreign Liabilities and Assets (FLA) Return

May 23, 2026 2675 Views 1 comment Print

The requirement applies if foreign assets or liabilities exist as of 31 March, even without fresh transactions. The rule ensures disclosure of outstanding FDI/ODI positions under FEMA reporting norms.

Excessive Pricing Claims Fail as DG Did Not Compare Charges With Similar Hospitals

May 23, 2026 585 Views 0 comment Print

The CCI found that the investigation largely relied on comparisons with diagnostic labs and hotels rather than comparable super-specialty hospitals. The Commission ruled that such analysis was insufficient to prove exploitative pricing.

CCI Rejects Aftermarket Abuse Theory in Private Hospital Pricing Investigation

May 23, 2026 372 Views 0 comment Print

Commission found that patients undergoing elective treatment generally receive estimated treatment costs in advance and retain the ability to choose alternative hospitals. It therefore declined to treat in-patient services as a separate aftermarket under competition law.

Hospital Room Rent Compared With Hotels? CCI Rejects Basis for Abuse of Dominance Claim

May 23, 2026 417 Views 0 comment Print

The Competition Commission of India held that higher hospital charges alone do not establish abuse of dominance without proof that prices were excessive and unfair. The case against the hospital was closed for lack of sufficient evidence.

CCI Closes Hospital Overpricing Case as Excessive Pricing Was Not Established

May 23, 2026 456 Views 0 comment Print

The CCI found that the investigation failed to compare hospital charges with similarly placed hospitals and relied on inadequate benchmarks such as standalone labs and hotels. The Commission therefore held that unfair pricing was not conclusively proved.

CCI Rejects Excessive Pricing Allegations Against Super-Specialty Hospital for Lack of Comparable Evidence

May 23, 2026 456 Views 0 comment Print

The CCI held that higher prices charged by a private super-specialty hospital for tests, medicines, and consumables did not automatically amount to abuse of dominance. The Commission found no sufficient evidence proving that the pricing was both excessive and unfair.

Evolution of Buyback Taxation in India: A Year-Wise Guide

May 23, 2026 1313 Views 1 comment Print

The article explains the complete evolution of buyback taxation in India, highlighting how tax liability shifted between companies and shareholders across different legislative phases.

Jharkhand HC Refuses GST Writ Due to Availability of Statutory Appeal Remedy

May 23, 2026 396 Views 0 comment Print

The High Court held that disputes involving factual examination and merits under Section 74 of the CGST Act must ordinarily be pursued through statutory appeals. It ruled that neither lack of jurisdiction nor violation of natural justice was established to justify bypassing alternate remedies.

SC Stays GST Section 74 Proceedings Due to Pending Jurisdictional Issue on Alternate Remedy

May 23, 2026 1227 Views 0 comment Print

The Supreme Court stayed further proceedings arising from a Section 74 GST order while examining whether writ petitions can be entertained despite statutory appellate remedies. The Court linked the matter with a pending case involving similar jurisdictional and natural justice concerns.

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