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Archive: 12 January 2026

Posts in 12 January 2026

Digital Personal Data Protection Act, 2023 – Comprehensive Summary

January 12, 2026 1680 Views 4 comments Print

This article outlines the scope, principles, and obligations under India’s data protection law. The key takeaway is that organisations must align consent, security, and governance to avoid heavy penalties.

Can RERA direct Sub-Registrar to unilaterally cancel registered instruments?

January 12, 2026 906 Views 0 comment Print

The High Court held that RERA execution powers cannot extend to unilateral cancellation of registered sale agreements. The key takeaway is that registration law boundaries must be respected even at the execution stage.

ITAT Hyderabad Dropped Penalties When Compliance Made Before Assessment Ends

January 12, 2026 387 Views 0 comment Print

The Tribunal held that delayed responses to statutory notices do not attract penalty when full compliance is ultimately made and accepted before assessment completion. The key takeaway is that penalties cannot be imposed mechanically in the absence of willful default.

₹3.49 Cr Cash Seizure Backed by Cash Book & Debtor Realisations: ITAT Deletes Sec 69A Addition

January 12, 2026 456 Views 0 comment Print

Tribunal held that cash found and seized cannot be treated as unexplained when it is fully reflected in audited books and not disproved by tax authority. Additions under Section 69A cannot rest on suspicion alone.

Why LLPs Cannot Operate as NBFCs Under Current RBI Rules?

January 12, 2026 813 Views 0 comment Print

 Indian law allows LLPs to conduct lawful business, but RBI regulations restrict NBFC status to companies. The key takeaway is that LLPs are ineligible for NBFC registration despite commercial intent.

Final assessment order u/s. 143(3) beyond time prescribed u/s. 153 is time barred

January 12, 2026 759 Views 0 comment Print

ITAT Hyderabad held that final assessment order passed under section 143(3) of the Income Tax Act by AO beyond the time limit provided under Section 153(1) of the Income Tax Act is barred by limitation. Accordingly, appeal of assessee allowed.

Accused rightly convicted to offence punishable u/s. 138 of NI Act as ingredients duly satisfied

January 12, 2026 510 Views 0 comment Print

Himachal Pradesh High Court held that since all the ingredients of commission of an offence punishable u/s. 138 of the NI Act were duly satisfied. Thus, Trial Court had rightly convicted the accused of the commission of an offence punishable u/s. 138 of the NI Act. However, sentence is reduced to six months imprisonment.

DRP cannot approve conclusion of TPO without giving independent findings: Delhi HC

January 12, 2026 252 Views 0 comment Print

Delhi High Court held that Dispute Resolution Panel [DRP] cannot merely approve the conclusion of TPO without giving independent findings. Accordingly, writ dismissed as no substantial question arise in the petition.

Quashes draft order & DRP’s directions as both erred in holding assessee eligible: Karnataka HC

January 12, 2026 348 Views 0 comment Print

The High Court held that issuing a draft assessment order under Section 144C is invalid where the Transfer Pricing Officer proposes no variation. The key takeaway is that absence of TP adjustment means the assessee is not an “eligible assessee,” making DRP proceedings without jurisdiction.

How are gains taxed when you buy Unlisted Shares and Sell after Listing?

January 12, 2026 4107 Views 0 comment Print

The issue was whether gains qualify as long-term when shares are bought unlisted and sold post-listing. It was held that the holding period starts from purchase and LTCG under section 112A applies if STT is paid on sale.

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