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    May 18, 2026   Case Laws GST
    Habeas corpus challenge to arrest safeguards remains maintainable, but substantial compliance with reasons-to-believe requirement defeats the petition...
    May 18, 2026   Case Laws GST
    Confiscation of available stock set aside; delayed registration of an additional business place attracted only general penalty.
    May 18, 2026   Case Laws GST
    Anti-profiteering liability confirmed for unpassed input tax credit, with interest ordered and separate cancellation claim excluded.
    May 18, 2026   Case Laws Income Tax
    Penalty for cash deposits was deleted where assessment proceedings recorded no finding of section 269SS violation.
    May 18, 2026   Case Laws Income Tax
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    Premature surrender of pension policy requires section 80CCC(2) analysis before taxing the receipt as other sources.
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    Search reassessment limits, section 115BBE timing, and purchase-addition challenges were decided in favour of the assessee.
    May 18, 2026   Case Laws Income Tax
    Pecuniary jurisdiction defect in scrutiny notice invalidated the assessment where the issuing officer lacked authority.
    May 18, 2026   Case Laws Income Tax
    Section 54 exemption turns on timely reinvestment, not mere non-deposit in the Capital Gain Deposit Scheme.
    May 18, 2026   Case Laws Income Tax
    Permanent establishment under the India-Canada DTAA was rejected where remote services and short site visits failed the treaty tests.
    May 18, 2026   Case Laws Income Tax
    Reopening beyond four years fails where the AO relies on material already examined, making it a change of opinion.
    May 18, 2026   Case Laws Income Tax
    Unexplained cash credit addition deleted where NBFC lender's identity, creditworthiness and loan genuineness were already accepted on identical facts.
    May 18, 2026   Case Laws Income Tax
    Mechanical sanction for reassessment invalidates jurisdiction where approval under section 151 is recorded only as "Yes".
    May 18, 2026   Case Laws Income Tax
    Reassessment limitation under section 149(1)(b) failed where statutory threshold material was absent and the 148A(d) order lacked reasons.
    May 18, 2026   Case Laws Income Tax
    Exclusive accounting and double taxation rules led to deletion of indirect tax refund additions and recomputation of interest.
    May 18, 2026   Case Laws Income Tax
    Registration under section 12AB cannot be refused for alleged section 13 violations; such issues belong in assessment.
    May 18, 2026   Case Laws Income Tax
    Section 68 cash sales accepted, but alleged gifted capital failed for lack of proper verification and remand followed.
    May 18, 2026   Case Laws Income Tax
    Section 80P deduction barred by belated return after section 80AC substitution, with denial sustained.
    May 18, 2026   Case Laws Income Tax
    Rule 46A and section 69A: demonetisation cash deposits explained from existing books, so addition was deleted.
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May 18, 2026   Case Laws GST
Habeas corpus challenge to arrest safeguards remains maintainable, but substantial compliance with reasons-to-believe requirement defeats the petition.
May 18, 2026   Case Laws GST
Confiscation of available stock set aside; delayed registration of an additional business place attracted only general penalty.
May 18, 2026   Case Laws GST
Anti-profiteering liability confirmed for unpassed input tax credit, with interest ordered and separate cancellation claim excluded.
May 18, 2026   Case Laws Income Tax
Penalty for cash deposits was deleted where assessment proceedings recorded no finding of section 269SS violation.
May 18, 2026   Case Laws Income Tax
Corpus donation as capital receipt upheld; trust registration under section 12AA required slab-rate taxation, not maximum marginal rate.
May 18, 2026   Case Laws Income Tax
Premature surrender of pension policy requires section 80CCC(2) analysis before taxing the receipt as other sources.
May 18, 2026   Case Laws Income Tax
Section 14A disallowance cannot exceed exempt income; prospective amendment under the 2022 Explanation did not apply.
May 18, 2026   Case Laws Income Tax
Search reassessment limits, section 115BBE timing, and purchase-addition challenges were decided in favour of the assessee.
May 18, 2026   Case Laws Income Tax
Pecuniary jurisdiction defect in scrutiny notice invalidated the assessment where the issuing officer lacked authority.
May 18, 2026   Case Laws Income Tax
Section 54 exemption turns on timely reinvestment, not mere non-deposit in the Capital Gain Deposit Scheme.
May 18, 2026   Case Laws Income Tax
Permanent establishment under the India-Canada DTAA was rejected where remote services and short site visits failed the treaty tests.
May 18, 2026   Case Laws Income Tax
Reopening beyond four years fails where the AO relies on material already examined, making it a change of opinion.
May 18, 2026   Case Laws Income Tax
Unexplained cash credit addition deleted where NBFC lender's identity, creditworthiness and loan genuineness were already accepted on identical facts.
May 18, 2026   Case Laws Income Tax
Mechanical sanction for reassessment invalidates jurisdiction where approval under section 151 is recorded only as "Yes".
May 18, 2026   Case Laws Income Tax
Reassessment limitation under section 149(1)(b) failed where statutory threshold material was absent and the 148A(d) order lacked reasons.
May 18, 2026   Case Laws Income Tax
Exclusive accounting and double taxation rules led to deletion of indirect tax refund additions and recomputation of interest.
May 18, 2026   Case Laws Income Tax
Registration under section 12AB cannot be refused for alleged section 13 violations; such issues belong in assessment.
May 18, 2026   Case Laws Income Tax
Section 68 cash sales accepted, but alleged gifted capital failed for lack of proper verification and remand followed.
May 18, 2026   Case Laws Income Tax
Section 80P deduction barred by belated return after section 80AC substitution, with denial sustained.
May 18, 2026   Case Laws Income Tax
Rule 46A and section 69A: demonetisation cash deposits explained from existing books, so addition was deleted.

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Income Tax

Non-proving identity, creditworthiness, and genuineness of share...

Company proves genuineness of share premium; tax can't treat it as unexplained income.

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Income Tax November 20, 2024 Case Laws AT
Non-proving identity, creditworthiness, and genuineness of share premium received cannot be treated as unexplained income if sufficient documentary evidence is provided. Once a company proves existence and authenticity of shareholders, it discharges burden u/s 68. Share premium is a matter of business prerogative, and revenue cannot question its quantum without evidence of collusion or mala fide intent. If an assessee sufficiently establishes identity, creditworthiness, and genuineness of share capital transaction, addition u/s 68 as unexplained cash credit is unsustainable and should be deleted by the Assessing Officer.
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Acts Income Tax
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