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Archive: July, 2026

Posts in July, 2026

Section 68 Addition Deleted as Share Application Money Already Taxed in Subscribers’ Hands: ITAT Kolkata

July 5, 2026 438 Views 0 comment Print

ITAT Kolkata deleted the Section 68 addition, holding that share application money already assessed in subscribers’ hands cannot be taxed again in the company’s hands.

Interest from HO & Overseas Branches Not Taxable as Self-Income: ITAT Mumbai

July 5, 2026 465 Views 0 comment Print

ITAT held interest from head office and overseas branches is not taxable as payment to self, while interest from overseas banks also fell outside Section 9(1)(v)(c).

Section 37(1) Business Expenditure Cannot Be Disallowed Without Adverse Findings: ITAT Jodhpur

July 5, 2026 415 Views 0 comment Print

ITAT Jodhpur held that Section 37(1) business expenses cannot be disallowed without specific findings on genuineness. All appeals were allowed and disallowances deleted.

Differential GST on Pre-GST Works Contracts Reimbursable by State: Karnataka HC

July 5, 2026 429 Views 0 comment Print

Karnataka HC directed the State to determine and reimburse differential GST arising from GST implementation on works contracts, subject to verification.

Sprinkling Jaggery Water on Raw Tobacco Is Not Manufacture; Classifiable Under CETH 2401: Madras HC

July 5, 2026 288 Views 0 comment Print

Madras HC held tobacco remains unmanufactured where no new product emerges, setting aside higher compensation cess demand and reclassification.

GST Reimbursement Claim Requires Proof of Incremental Tax Payment: Karnataka HC

July 5, 2026 321 Views 0 comment Print

Karnataka HC remanded a GST reimbursement claim, holding contractors must prove incremental GST payment with documents, while GST authority certification is unnecessary.

Section 223(1) BNSS Hearing Mandatory Before Cognizance Under Income-tax Act: Madras HC

July 5, 2026 354 Views 0 comment Print

Madras HC set aside cognizance under the Income-tax Act, holding Section 223(1) BNSS mandates hearing the accused before cognizance.

TDS Credit Cannot Be Denied for Employer’s Failure to Deposit Tax: ITAT Mumbai

July 5, 2026 630 Views 0 comment Print

ITAT Mumbai held that TDS credit cannot be denied where the employer deducted tax but failed to deposit it. Recovery must be made from the employer, not the employee.

1439-day delay in Filing Appeal Condoned & Matter Remanded for Fresh Assessment: ITAT Kolkata

July 5, 2026 438 Views 0 comment Print

ITAT Kolkata condoned appeal delay, set aside the CIT(A)’s order, and remanded the assessment for fresh adjudication after granting a fair hearing.

Section 143(2) Notice & Valid Draft Assessment Mandatory U/s 144C: ITAT Mumbai

July 5, 2026 321 Views 0 comment Print

ITAT Mumbai quashed reassessment after finding no Section 143(2) notice and that the AO issued a final order disguised as a draft under Section 144C.

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