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Archive: June, 2026

Posts in June, 2026

ITAT Quashes Reassessment as Moratorium Under IBC Barred Fresh Tax Proceedings

June 8, 2026 216 Views 0 comment Print

The Tribunal examined whether reassessment proceedings could be initiated after the NCLT declared a moratorium under the Insolvency and Bankruptcy Code. It held that fresh assessment proceedings during the moratorium period were invalid and quashed the assessment order.

Loan Confirmations Alone cannot Prove Creditworthiness of Creditors: ITAT Mumbai

June 8, 2026 279 Views 0 comment Print

The Tribunal examined whether unsecured loans could be accepted solely on the basis of loan confirmations. It held that confirmations alone do not establish creditworthiness or genuineness and directed further verification by the Assessing Officer.

CSR Expenditure Not Automatically Bar Section 80G Deduction: ITAT Ahmedabad

June 8, 2026 273 Views 0 comment Print

The Tribunal examined whether donations made as part of CSR obligations could qualify for deduction under Section 80G. It held that deduction cannot be denied merely because the payment was made towards CSR, subject to fulfillment of Section 80G conditions.

Delhi HC Permits Suit Withdrawal as Operational Creditor Accepted Resolution Plan Amount

June 8, 2026 255 Views 0 comment Print

The Delhi High Court held that acceptance of payment under an approved insolvency resolution plan amounted to settlement of the dispute. As the plaintiff accepted the CIRP amount as full and final settlement, withdrawal of the suit and refund of the entire court fee were permitted.

CESTAT Upholds Duty Demand as Food Testing Kits Were Misdeclared as Diagnostic Kits

June 8, 2026 150 Views 0 comment Print

CESTAT Delhi held that food testing kits were wrongly described as being for “diagnostic use only” to claim a customs exemption. The Tribunal upheld the duty demand, extended limitation period, and penalties.

Common Amenities Cannot Convert Independent Villas Into a Taxable Residential Complex

June 8, 2026 198 Views 0 comment Print

CESTAT Chennai held that villas constructed on separate plots under individual agreements and approvals do not constitute a residential complex. Common amenities and gated community features alone were held insufficient to attract service tax.

Govt Dept Liable for Interest on delayed Service Tax Deposit: CESTAT Allahabad

June 8, 2026 141 Views 0 comment Print

The Tribunal held that interest under Section 75 of the Finance Act is mandatory when service tax is paid after the due date. Administrative or procedural delays cannot override the statutory liability to pay interest.

Third-Party Records Alone Cannot Prove Clandestine Receipt of Goods: CESTAT Delhi

June 8, 2026 159 Views 0 comment Print

The Tribunal held that ledger entries and computer records recovered from a third party were insufficient to establish liability under Section 112(b). Independent corroborative evidence was necessary to sustain the penalty.

Taxability of Perquisite in rent-free or concessional Employee Accommodation

June 8, 2026 30618 Views 2 comments Print

Eligible individuals, non-corporate taxpayers, and senior citizens can avoid TDS on specified incomes by furnishing Form 15G or Form 15H when prescribed conditions are met. The rules also mandate UIN allotment, quarterly reporting, and seven-year record retention by the payer.

No Tax Deduction: Form 15G and Form 15H Declarations

June 8, 2026 10059 Views 0 comment Print

Resident individuals, eligible non-corporate taxpayers, and senior citizens can avoid TDS on specified incomes by furnishing Form 15G or Form 15H where prescribed conditions are satisfied. The rules also require quarterly reporting, UIN allotment, and seven-year preservation of declarations by the payer.

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