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Archive: 14 January 2026

Posts in 14 January 2026

ITAT Rajkot Allowed Section 80G Approval Despite Religious Clause Due to Charitable Activity

January 14, 2026 756 Views 0 comment Print

The issue was whether a religious object in the trust deed bars 80G approval. The Tribunal held that where actual activities are purely charitable and no religious expenditure is incurred, approval cannot be denied.

Export Proceeds Non-Realization & GST Refund Reversal Crisis

January 14, 2026 2505 Views 0 comment Print

This explains how non-realisation of export proceeds within FEMA timelines leads to GST refund reversal and interest liability. The key takeaway is that exporters must track realisation deadlines proactively to avoid automatic tax exposure.

GST Treatment of Warehouse Inventory Expiry: ITC Reversal & Compliance

January 14, 2026 1503 Views 0 comment Print

This explains when ITC becomes ineligible under Section 17(5)(h) due to expiry or destruction of goods. The key takeaway is that ITC reversal is mandatory and time-sensitive.

Creditor Confirmed in Both Books: Section 68 Addition Reopened for Verification

January 14, 2026 231 Views 0 comment Print

The issue concerned treating business creditors as unexplained cash credits due to non-response to notices. The Tribunal held that corroborative balance sheets and ledger evidence warranted fresh verification, and remanded the matter to the AO.

NHRC Seeks Complainant’s Response After Reports Flag Rise in Fluoride-Affected Villages in Telangana

January 14, 2026 777 Views 0 comment Print

In NHRC Case No. 248/36/0/2025, the Commission examined complaints of alarming fluoride contamination in Telangana groundwater and noted official reports showing an increase of nine affected villages and State reliance on alternative surface water supply schemes. The NHRC has now directed that the Action Taken Reports be shared with the complainant and sought comments within four weeks before further proceedings

NI Act & IBC: Liability for Cheque Dishonour Amidst Insolvency Proceedings

January 14, 2026 345 Views 0 comment Print

The court held that cheque dishonour caused by a statutory account freeze during insolvency does not attract criminal liability. The key takeaway is that lawful incapacity, not default, defeats Section 138 prosecutions.

Intended Industrial Use Irrelevant for Section 10(37) Exemption: ITAT Delhi

January 14, 2026 294 Views 0 comment Print

The Tribunal held that cancellation of the earlier sale deed restored legal ownership to the assessee’s family. Consequently, compensation received on compulsory acquisition qualified for exemption under section 10(37).

PCIT Must Follow ITAT Special Bench Despite Pending Appeal: Bombay HC

January 14, 2026 774 Views 0 comment Print

The High Court ruled that tax authorities cannot ignore a binding ITAT Special Bench decision under Section 264 merely because the department has appealed it. Judicial discipline requires adherence unless the ruling is stayed or overturned.

Penalty u/s 271B Deleted Due to Reasonable Cause for Delay: ITAT Chennai

January 14, 2026 438 Views 0 comment Print

The Tribunal examined whether delay in filing the tax audit report warranted penalty under section 271B. It held that liquidation proceedings and the illness and death of the partner constituted reasonable cause under section 273B, justifying deletion of penalty.

The Core Issue with Solidaris Capital: Unraveling Tax Evasion, Charitable Deduction Misuse & Regulatory Gaps

January 14, 2026 840 Views 0 comment Print

Allegations center on discounted asset purchases followed by high-value charitable donations to secure outsized tax deductions. The key takeaway is the risk posed by inflated appraisals and weak valuation controls.

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