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Corp. Laws / SEBI / IBC
Dated:- 31-8-2026
PTI
Income-tax return filing for Assessment Year 2026-27 reaches its due date on 31 August 2026 for taxpayers having business or professional income who are not subject to audit. Such taxpayers may file the applicable ITR-3, ITR-4, ITR-5 or ITR-7. ITR-3 applies to individuals and Hindu Undivided Families with proprietary business or professional income, ITR-4 to small and medium taxpayers, and ITR-5 to firms, limited liability partnerships and cooperative societies.
Severable RTI records require disclosure of available EPCG information after redacting exempt commercial and personal third-party material.
RTI access to EPCG licence records requires the CPIO to rely on a valid statutory exemption; an assertion that a company director should already possess the records cannot justify refusal. The right covers existing, available records held by the public authority, not creation of information, inferences or explanations. Broad requests for entire files and note sheets may require clarification or supporting documents. Once entitlement is verified, relevant available material must be disclosed after severing commercial-confidence and personal third-party information.
C-Form entitlement for Extra Neutral Alcohol continued during deferred GST treatment, preserving interstate procurement for liquor manufacturers.
Manufacturers of alcoholic liquor for human consumption could obtain C-Forms for interstate procurement of Extra Neutral Alcohol while the GST Council had deferred its decision on the alcohol's GST treatment and directed maintenance of the status quo. Status quo preserved the pre-GST position; denying C-Forms would disrupt interstate procurement and impair the manufacturers' trade. A later amendment excluding Extra Neutral Alcohol used for such manufacture from the charging provision did not retrospectively justify denial of C-Forms for the intervening period.
Separately recovered electricity charges remain outside renting service value when supplied on actual consumption as trading in goods.
Separately recovered electricity charges, including charges for electricity generated through DG sets, are treated as consideration for trading in goods rather than for renting of immovable property where recovered on actual consumption under lease arrangements. Electricity generation constitutes manufacture or production of goods, while trading in goods falls within the negative list. As renting, common-area maintenance, and electricity were separately charged, electricity supply cannot be bundled with renting because bundling requires two taxable services. Actual-consumption recoveries also qualify for exemption under Notification No. 12/2003-ST and are excluded from the taxable value of renting.
Interim protection against recovery cannot continue where a binding clarification confirms that the underlying demand remains unstayed.
Supreme Court clarification that the impugned demand was not stayed bound the Tribunal and prevented continuation of interim protection against coercive recovery. The earlier restraint on recovery had been obtained without disclosing that clarification, contrary to the duty to approach a judicial forum with clean hands and without forum shopping. The interim direction restraining coercive action was therefore recalled, the Revenue's miscellaneous application was disposed of, and the appeal was listed for further hearing.
Wet leasing classification turns on possession and effective control, while the disputed service-tax demand remains unstayed.
Service-tax liability for wet leasing of booster compressors is in issue where the arrangement may involve supply of tangible goods or a transfer of the right to use, potentially constituting a deemed sale under Article 366(29-A). The dispute concerns possession and effective control and the applicability of service-tax provisions during 2008-09 to 2014-15. Notice has been issued, but the impugned demand remains unstayed.
Statutory remedies for PMLA attachment prevail unless jurisdictional defect, natural justice breach, or manifest illegality is established.
Under the Prevention of Money Laundering Act, 2002, challenges to provisional attachment ordinarily proceed through adjudication and appeals under the statutory mechanism rather than writ jurisdiction. Judicial review remains exceptional and requires a patent lack of jurisdiction, breach of natural justice, or manifest illegality. Disputes over the source of assets, their connection with proceeds of crime, and the evidentiary basis for attachment are factual matters for the Adjudicating Authority and appellate forums. A tax-paid declaration of gold does not by itself establish a lawful source or prevent money-laundering proceedings. Earlier retention proceedings after search and seizure do not bar a subsequent provisional attachment based on material supporting a reason to believe that property represents proceeds of crime.
Unexplained cash credits require proof of creditor identity, creditworthiness and transaction genuineness before the burden shifts to tax authorities.
Unexplained cash-credit additions require the assessee to establish the creditor's identity and creditworthiness and the genuineness of the transaction. Credits unsupported by a response to statutory notice, confirmation, income-tax return or bank statement remain liable to addition because the initial evidential burden is not discharged. Conversely, confirmations, creditor responses, income-tax returns and bank statements can establish the required elements and shift the onus to the Assessing Officer. Relief is justified where the Assessing Officer produces no material rebutting that evidence, and where disputed entries are shown to be casting errors, attributable to another group concern, or absent from the assessee's books.
Mutuality exemption survives inadvertent Schedule EI omission, requiring verification and lawful determination of members' contribution claims.
Mutuality-based exemption for members' contributions disclosed in the business-income schedule cannot be denied during return processing solely because an inadvertent electronic-filing error omitted those receipts from the exempt-income schedule. Correct total income must be determined on the substantive eligibility of the claim rather than a technical schedule omission. The exemption claim requires verification and determination in accordance with law, with the matter remitted for consideration and grant of eligible exemption.
Tax withholding and rental-receivable reconciliations require factual verification before labour-charge disallowance or undisclosed-income additions are determined.
Disallowance of labour charges for alleged non-deduction of tax at source requires reconciliation between total claimed labour charges and the amount on which tax was deducted before the disallowance provision can be applied. The issue is remitted for factual verification and fresh adjudication on merits. Addition for undisclosed rental income similarly requires substantiation of opening and closing rent receivables, reconciliation of rental receipts, and corroborative evidence. This issue is also remitted for verification and fresh adjudication after a fair hearing, without any finding on the merits of either addition.
Penny-stock transaction evidence supports capital-loss carry-forward and defeats unexplained-credit and expenditure additions where no independent adverse link exists.
Documented demat-account and NRE-bank-account entries supporting purchases and sales of shares, including multiple scrip transactions, substantiate the claimed short-term capital loss. Investigation material concerning an alleged penny-stock company cannot, without an independent inquiry linking the taxpayer to price rigging, market manipulation, accommodation entries, or adverse statements, displace that evidence. A materially similar prior-year determination concerning the same scrip supports carry-forward of the loss. Additions for unexplained cash credit and unexplained expenditure are unsustainable where sale consideration and commission lack an independent evidentiary basis.
Fair hearing in charitable registration requires fresh consideration of linked tax-exemption approval applications after relevant material is furnished.
Rejection of registration under section 12AB required fresh adjudication where fair opportunity warranted allowing submission of relevant documents before the competent authority. Approval under section 80G was consequential to the registration application and required reconsideration together with it. Both applications were remitted for fresh adjudication on merits, without any view on their merits.
Section 153A jurisdiction fails without an assessee-specific search and incriminating material supporting additions in unabated assessments.
Section 153A jurisdiction requires a search under Section 132 against the person assessed. Where no search warrant exists in the assessee's name, a warrant issued for other persons sharing the premises does not establish that requirement. For an unabated assessment, additions under Section 153A must also rest on incriminating material found during the search and linked to those additions. In the absence of a search against the assessee and of such material, assumption of jurisdiction and the resulting additions are invalid.
Concealment penalty fails when invalid reassessment is quashed for lacking alleged failure of full and true disclosure.
Penalty for concealment cannot survive where the underlying reassessment has been quashed. Reopening beyond four years required recorded reasons alleging the assessee's failure to make a full and true disclosure in the original assessment. As no such allegation was recorded, the quantum reassessment was invalid; its cancellation extinguished the foundation for penalty under section 271(1)(c), requiring cancellation of the penalty.
Unexplained mutual-fund investments require source and reinvestment examination before the entire investment is treated as taxable income.
Treatment of an entire mutual-fund investment as unexplained income requires examination of the source of deposits and whether any amount represents reinvestment. The assessee's NRI status, asserted banking source, and additional investment evidence require consideration. Where the assessment and first appellate proceedings have not effectively adjudicated the addition on merits, fresh adjudication is required after allowing the assessee an opportunity to produce evidence. The entire investment cannot be treated as unexplained without examining these matters.
Timely return filing is mandatory for section 80P deduction, while cash deposits and non-filing can support reassessment.
Cash deposits coupled with non-filing of a return despite taxable income before Chapter VI-A deduction provide a basis for reopening assessment where the prescribed reassessment procedure precedes notice issuance. For assessment years governed by the post-1 April 2018 amendment to section 80AC, furnishing the return within the due date under section 139(1) is a mandatory precondition for claiming deduction under section 80P. Deduction provisions require strict construction, and delayed filing cannot be condoned. Consequently, reassessment is sustained and the claimed Chapter VI-A deduction remains unavailable.
Unexplained cash deposits require examination of supporting records before reassessment of the deposits' source can proceed.
Cash-deposit additions under the unexplained-money provisions require examination of the taxpayer's financial statements, bank statements, submissions and ledger extracts where these materials are furnished to explain deposits during demonetisation. Confirming an addition for insufficient documentation without considering available evidence does not permit a proper determination of the deposits' source. The addition was therefore set aside for fresh assessment, with an opportunity for the taxpayer to substantiate the source of the cash deposits.
Payment of returned-income tax is mandatory for admitting an income-tax appeal; non-compliance makes the appeal inadmissible.
Payment of tax due on returned income is a statutory condition for admission of an income-tax appeal under Section 249(4). Non-payment of the requisite self-assessment tax, despite opportunities to comply and directions regarding disputed tax payment, renders the appeal inadmissible. Refusal to admit such an appeal is valid where the statutory precondition remains unmet.
Revisional jurisdiction covers unappealed income heads, but correction must remain confined to errors established from assessment records.
Explanation 1(c) to Section 263 permits revision of income heads not considered and decided in a pending appeal. Accordingly, revision could cover omitted income from house property and income from other sources, although an excess-stock addition was under appeal. The assessment order was erroneous and prejudicial to Revenue only to the extent it excluded those returned non-business income heads from total income. Revision could not direct addition of the entire returned income, because the assessment record showed inquiry into excess stock and computation of business income from the books. The revisionary correction was therefore confined to the omitted non-business income.
Verification of additional evidence governs unexplained-investment additions, while excess interest already offered precludes further taxation.
Unexplained-investment additions require factual verification where additional bank records and supporting documents are produced to establish the source of advances. The additions must be deleted if the additional evidence is found genuine on verification. Interest income cannot be added under the residual income provision where the actual interest received and offered to tax exceeds the interest computed from seized material. The reflected real-estate business in the HUF return further supports the disclosed position. Accordingly, the interest-income additions do not survive, while source-based additions remain subject to verification and consequential deletion upon substantiation.