RNM Tax Alert – Direct Tax Part for March 2026
- CBDT specifies new forms for changes or corrections in PAN data [ORDER F. NO. ADG(S)-1/PAN/M/3699/2026 dated 01.04.2026]
The CBDT has notified two forms for furnishing an application for correction of PAN, namely: a) Form PAN CR-01 for individuals; and b) Form PAN CR-02 for non-individuals.
- CBDT amends GAAR Rules to allow grandfathering of investments made before 01-04-2017; dilutes Tiger Global ruling
The CBDT has amended Rule 10U of the Income-tax Rules, 1962 and the corresponding Rule 128 of the Income-tax Rules, 2026, to expand the scope of grandfathering. The amended rules clarify that the grandfathering provisions apply to investments made before 01-04-2017. The amendment impacts and dilutes the Supreme Court’s ruling in Tiger Global International II Holdings [2026] 182 taxmann.com 375 (SC).
- CBDT specifies the manner of requirement of a computer-generated DIN; earlier circular withdrawn [CIRCULAR NO. 4/2026 dated 31.03.2026]
The CBDT has issued a circular specifying the manner of usage of the Document Identification Number (DIN) in computer-generated communications. Accordingly, the Circular no. 19/2019 dated 14.08.2019 on this subject shall cease to have effect from the date of issue of this circular.
- CBDT Vide Notification dated 30.03.2026; notifies Income Tax Return (ITR) Forms for AY 2026–27
The Central Board of Direct Taxes has released the Income-tax return (ITR) forms applicable for the Assessment Year 2026–27. Taxpayers are required to use the notified forms to file returns for income earned during the Financial Year 2025-26.
- CIRCULAR NO. 1/2026 [F. NO. 300173/26/2026-ITA-I], DATED 23-3-2026
The CBDT clarifies that the CIT has power to condone delay in filing Form 10A for grant of registration u/s 12A.
Important Judicial Precedents
- Section 263 action unjustified as Forex loss on ECB, partly used for revenue expenses, rightly allowed as revenue item: HC
[2026] 184 taxmann.com 660 (Telangana-HC) CIT vs. VST Industries Ltd
Where assessee received advance subscription from non-resident shareholder for rights issue, later treated as external commercial borrowing and a portion of funds was used for revenue expenses, including excise duty, foreign exchange fluctuation loss was allowable as revenue expenditure and invocation of section 263 to treat loss as capital in nature was not justified.
- The Tiger Global Judgment: A Paradigm Shift in India’s International Tax Jurisprudence
[2026] 182 taxmann.com 375 (SC) Authority for Advance Rulings (Income-tax) vs. Tiger Global International II Holdings
Where a Mauritius company transferred shares of Flipkart (Singapore) whose value was derived from Indian assets, a TRC alone was insufficient to establish DTAA entitlement post-section 90(2A) and 90(4)/(5); grandfathering under article 13(3A) covers only direct transfers, not indirect transfers under article 13(4); and as arrangement was impermissible for tax purposes, Chapter X-A applied and capital gains post-1-4-2017 were taxable in India.
- Section 197 NIL/lower TDS rejection without reasons set aside; AO directed to pass speaking order: HC
[2026] 184 taxmann.com 316 (Delhi-HC) Make Mytrip (India) (P.) Ltd. v. ACIT
Where assessee having brought forward losses and substantial pending refunds sought NIL/lower TDS certificate under section 197, rejection of application merely citing outstanding demands without assigning reasons, despite lower-rate certificates having been granted in earlier years on similar facts, was unjustified and matter was liable to be remanded for fresh speaking order.
- Sec. 54 exemption allowable for house acquired via unregistered sale agreement as substantial payment and possession made: ITAT
[2026] 184 taxmann.com 339 (Delhi – Trib.) Income-tax Officer v. Anju Madhan
Where assessee acquired new residential property using an unregistered agreement to sell, made substantial payment, and took possession, exemption under section 54 was allowable as transaction attracted section 53A of Transfer of Property Act, vendor’s title stood established from conveyance deed and mutation, and mere pendency of litigation with no stay did not invalidate the purchase.
- Revision invalid where assessment u/s 10(3) was completed after detailed enquiry into foreign trust issues: ITAT
[2026] 184 taxmann.com 70 (Ahmedabad – Trib.) Chintan Navnitlal Parikh v. Principal Director of Income-tax (Investigation)
Where assessee disclosed beneficial interest in a Jersey discretionary trust under Chapter VI and assessment under section 10(3) was completed after detailed enquiries regarding alleged capital distributions, foreign assets and bank accounts, revision under section 23 could not be invoked merely on ground of inadequate enquiry.
- SLP dismissed: CAM charges are contractual maintenance payments taxable under s.194C, not rent under s.194-I
[2026] 184 taxmann.com 317 (SC) CIT vs. Bose Corporation India (P.) Ltd
SLP dismissed against order of High Court that Common Area Maintenance charges, being shared expenses for maintenance and utilities, are not for use or occupation of premises and fall under contractual payments covered by section 194C, and not under section 194-I as rent for TDS purposes.
- Cross-examination of third party not required at sec. 148A stage in reassessment proceedings:HC
[2026] 184 taxmann.com 314 (Calcutta-HC) Vishnu Highrise (P.) Ltd. vs. Union of India
Where reassessment was initiated relying on a third party statement recorded under section 132(4), non-provision of cross-examination opportunity at section 148A stage did not invalidate order under section 148A(d), since cross-examination is only required if such statement is relied upon while passing reassessment order under section 147.
- Second reassessment on same cash deposits invalid as prior section 147 assessment attained finality with nil income: HC
[2026] 184 taxmann.com 475 (Orissa-HC) Sanjay Kumar Bijay Kumar vs. PCIT-I
Where assessee’s cash deposits in Canara Bank were already examined in reassessment proceedings under section 147 and accepted, with income assessed at nil, after verification of records and disclosure in return filed under PAN-2, initiation of a second reassessment by DCIT on the same transactions and material was invalid in law, and order under section 148A(3), notice under section 148 and consequential proceedings were liable to be set aside.
- Assessment set aside as AO denied personal hearing despite specific request in faceless assessment: HC
[2026] 184 taxmann.com 72 (Calcutta-HC) Creative Poly Packs (P.) Ltd. vs. Assessment Unit, Income-tax Department
Where assessee, during faceless assessment proceedings, specifically requested personal hearing in reply to notice to show cause but Assessing Officer completed assessment without granting such hearing, denial thereof violated principles of natural justice and assessment order was liable to be set aside with direction to pass fresh assessment after affording hearing through video conferencing in accordance with statutory provisions.