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Archive: 06 January 2026

Posts in 06 January 2026

On-Money Gross Receipts Not Taxable, Only Profit Can Be Assessed

January 6, 2026 3420 Views 0 comment Print

The Revenue sought to tax total on-money collected under section 69A. The ITAT ruled that on-money forms part of business receipts and must be assessed on a profit basis. The key takeaway is that taxation cannot ignore unaccounted expenses linked to such receipts.

Bogus Purchase Addition Deleted Where Documentary Evidence Supports Transactions

January 6, 2026 783 Views 0 comment Print

ITAT Mumbai held that alleged bogus purchases cannot be disallowed when the assessee provides invoices, receipts, bank proofs, and GST compliance. The ruling confirms that suppliers’ non-filing alone is insufficient for disallowance.

Accommodation Entries Taxable Only on Commission, Not Gross Credits

January 6, 2026 7566 Views 0 comment Print

The Revenue sought to reopen completed assessments under section 153A without fresh incriminating evidence. The Tribunal ruled that such additions are barred, following Kabul Chawla and Abhisar Buildwell.

ITAT Kolkata Upholds Reopening & Sustains ₹1 Cr Addition u/s 68 on Alleged Accommodation Entry

January 6, 2026 2373 Views 0 comment Print

The Tribunal upheld reassessment based on Investigation Wing material alleging accommodation entries. It ruled that such tangible inputs justified reopening despite a completed scrutiny assessment.

CPC Overreach Struck Down for Blanket Expense Disallowance

January 6, 2026 450 Views 0 comment Print

The Tribunal held that delayed filing of an audit report cannot justify wholesale disallowance of expenses at the CPC processing stage. Such action falls outside the limited scope of Section 143(1) adjustments.

Remedial directions apply to WhatsApp user data sharing including advertising and non-advertising purpose

January 6, 2026 318 Views 0 comment Print

NCLAT Delhi held that remedial directions contained in earlier judgement will apply to WhatsApp user data collection and sharing for all non-WhatsApp purposes which includes non-advertising and advertising purposes. Accordingly, application of commission is allowed.

Notice Invalid as Approval Under Section 151(ii) Was Defective: ITAT Raipur

January 6, 2026 528 Views 0 comment Print

The Tribunal held that reassessment initiated beyond three years requires approval from the Principal Chief Commissioner or Chief Commissioner. Sanction granted by the PCIT was invalid, rendering the entire reassessment void.

Power Distribution Function Classifiable Under Heading 8537: CAAR Delhi

January 6, 2026 525 Views 0 comment Print

The Authority examined whether imported electrical racks should be treated as static converters or distribution cabinets. It ruled that their principal function is electricity distribution, classifying them under CTH 8537 10 90. The key takeaway is that ancillary UPS functions do not alter primary classification.

Advance to Corporate Debtor for sharing profit in real estate project doesn’t qualify as financial debt

January 6, 2026 348 Views 0 comment Print

NCLAT Delhi held that amount advance to Corporate Debtor with view to share profit in real estate project doesn’t qualify as financial debt u/s. 5(8) of the Insolvency and Bankruptcy Code. Thus, application u/s. 7 rightly rejected.

Central Goods & Services Tax Rules, 2017 up to Date till 01.01.2026

January 6, 2026 6750 Views 0 comment Print

Central Goods & Services Tax Act, 2017 was made effective w.e.f. 01/07/2017 and thereafter thousands of notifications and circulars have been issued. Still almost every month we are witnessing new notifications, circulars, orders, clarifications etc. It is very hard for a common person to keep track of all these. An attempt has been made in […]

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