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Archive: May, 2026

Posts in May, 2026

Absence of e-Tax Invoice Alone Not Enough for Transit State to Impose GST Penalty

May 21, 2026 1419 Views 0 comment Print

Allahabad High Court ruled that while authorities could verify documents during transit, absence of an e-Tax Invoice did not confer jurisdiction to impose penalties in a pure transit State. The Court directed release of goods and vehicles.

Calcutta HC Permits Manual GST Appeal Filing After Failed Online Upload Attempt

May 21, 2026 480 Views 0 comment Print

The Court directed the appellate authority to accept manual filing of Form GST APL-01 after the taxpayer could not upload the appeal electronically due to a technical glitch. Delay in filing was also condoned under the CGST Act.

SC: Interest on Borrowed Funds Allowed Even for Investment Through Group Concerns – Commercial Expediency Prevails

May 21, 2026 898 Views 0 comment Print

The Supreme Court held that interest paid on borrowed funds was deductible under Section 36(1)(iii) because the loan was used for business purposes. The Court ruled that commercial expediency and composite business operations justified the deduction claim.

ITAT Pune Set Aside Section 69A Addition as Reopening Notice Was Time Barred

May 21, 2026 477 Views 0 comment Print

The Tribunal held that the reassessment notice issued on 26.07.2022 was beyond the permissible timeline under the surviving limitation principle and therefore lacked legal validity.

CIT(E) Cannot Suspend Tax Benefits Based on Possible Future Litigation Outcome: ITAT Mumbai

May 21, 2026 360 Views 0 comment Print

ITAT Mumbai held that the Commissioner of Income Tax (Exemptions) cannot impose independent or contingent conditions while granting registration under Section 12AB. The Tribunal ruled that tax benefits could not be kept subject to the outcome of a proposed Supreme Court appeal.

ITAT Mumbai Quashes Reassessment Because It Was Based on Mere Change of Opinion

May 21, 2026 543 Views 0 comment Print

ITAT Mumbai held that reassessment proceedings initiated after scrutiny assessment were invalid because they relied on the same material already examined earlier. The Tribunal ruled that reassessment cannot be used to review a previously accepted claim.

ITAT Deletes Section 68 Addition as Assessee Proved Identity, Creditworthiness & Source of Source

May 21, 2026 531 Views 0 comment Print

The Tribunal observed that the assessee had repaid the unsecured loan along with interest after deducting TDS and the lender had offered interest income to tax. These facts supported the genuineness of the transaction and rendered the Section 68 addition unsustainable.

ITAT Deletes Section 43CA Addition as DVO Valuation Difference Was Within 10% Safe Harbour Limit

May 21, 2026 423 Views 0 comment Print

Mumbai ITAT held that no addition under Section 43CA could survive where difference between agreement value and DVO valuation remained within 10% tolerance band. Tribunal ruled that safe harbour benefit applies once DVO valuation substitutes stamp duty value.

Retrospective GST Amendment Nullifies SC ITC Relief on Construction Costs

May 21, 2026 1768 Views 0 comment Print

The Finance Act, 2025 retrospectively amended Section 17(5)(d) of the CGST Act after the Supreme Court allowed ITC on certain commercial buildings under the functionality test. The amendment effectively reversed the earlier interpretation from July 2017.

Top 10 GST Mistakes Small Businesses Must Avoid in 2026 to Prevent Notices & Penalties

May 21, 2026 1675 Views 0 comment Print

The article explains the most common GST compliance errors leading to notices, ITC denial, and penalties in 2026. It also provides practical steps businesses can follow to reduce litigation risk.

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