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Archive: 08 January 2026

Posts in 08 January 2026

Interest-Free Loan Transfer Pricing Adjustment Invalid Without Any Profits

January 8, 2026 414 Views 0 comment Print

The issue was whether interest-free loans to group entities warranted transfer pricing adjustment. The Tribunal held that since business had not commenced and no income was earned, the adjustment was unsustainable.

Recorded Sales During Demonetisation Cannot Be Taxed as Unexplained Money: ITAT Hyderabad

January 8, 2026 681 Views 0 comment Print

The Tribunal held that cash deposited in demonetised notes cannot be taxed under Section 69A when it represents recorded business sales. The key takeaway is that duly accounted turnover cannot be treated as unexplained merely due to demonetisation.

Section 80P Claim Sent Back as Return Delay May Be Condoned

January 8, 2026 528 Views 0 comment Print

The dispute arose from CPC denial of deduction due to late return filing. The Tribunal restored the matter, holding that the Assessing Officer must act based on the CCIT’s condonation decision.

Survey-Based Additions Set Aside Due to Lack of Effective Hearing

January 8, 2026 195 Views 0 comment Print

The ITAT held that additions based on survey material cannot be sustained without proper opportunity of hearing. The matter was remitted for fresh adjudication after finding violation of natural justice.

Section 68 Addition Quashed for Exceeding Limited Scrutiny Scope: ITAT Mumbai

January 8, 2026 636 Views 0 comment Print

The issue was whether the Assessing Officer could invoke section 68 in a limited scrutiny case focused on share premium under section 56(2)(viib). The Tribunal held that, without mandatory approval to expand scrutiny, the addition was legally unsustainable.

Interim Relief Survives as Arbitration Commences on Section 21 Notice: SC

January 8, 2026 621 Views 0 comment Print

The issue was whether interim protection lapses if a Section 11 petition is filed beyond 90 days. The Supreme Court held that arbitration commences on receipt of notice under Section 21, preserving interim relief under Section 9(2).

Arbitral Award Restored as Appellate Court Exceeded Section 37 Scope

January 8, 2026 516 Views 0 comment Print

The issue was whether the High Court could interfere with an arbitral award upheld under Section 34. The Supreme Court held that Section 37 jurisdiction is limited and cannot re-examine merits or reinterpret the contract.

Section 263 Quashed as AO Examined LTCG Exemption for Insurers

January 8, 2026 246 Views 0 comment Print

The issue was whether revision could be invoked for allowing LTCG exemption on sale of investments. The Tribunal held that since the Assessing Officer examined the claim, the order was not erroneous or prejudicial.

Gold Jewellery Seized u/s 132A Held Explained – Addition u/s 69 r.w.s. 115BBE Deleted

January 8, 2026 399 Views 0 comment Print

The tribunal examined whether gold jewellery seized during police interception could be taxed as unexplained solely based on a statement recorded under enquiry. It held that additions fail where later evidence shows the assessment relied on weak corroboration and inconsistent reasoning.

Allahabad HC Disposed Writ as GST Appellate Tribunal Is Now Functional

January 8, 2026 732 Views 0 comment Print

The High Court closed the writ petition after noting that the GST Appellate Tribunal had been constituted, directing the taxpayer to pursue the statutory appeal without limitation objections.

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