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Archive: 17 January 2026

Posts in 17 January 2026

Adjudication Beyond SCN: Violation of Section 75(7) of CGST Act, 2017

January 17, 2026 2502 Views 0 comment Print

The law mandates strict adherence to the notice’s grounds and amounts. Any enhancement or new basis at adjudication violates natural justice and the CGST Act.

Consequences of Cancellation of Re‑Registration under Section 12AB – Why Charitable Trusts Cannot Afford to Ignore It

January 17, 2026 1878 Views 0 comment Print

Expanded grounds for cancellation now include legal non-compliance and incorrect disclosures. Trusts must treat accuracy and governance as mission-critical.

Practical Guidance: Key Points to Keep in Mind While Replying to Notices under Section 12AB

January 17, 2026 1194 Views 0 comment Print

Objects benefiting specific communities or allowing overseas application of funds invite rejection. The ruling focus is on deed language, not intent.

Incorrect E-Form Filing Attracts Penalty Even If Later Rectified: MCA

January 17, 2026 870 Views 1 comment Print

The order clarifies that filing an incorrect statutory e-form attracts penalties even if the mistake is later admitted and rectified. Administrative correction does not erase the original contravention under the Companies Act.

Section 153C Assessments Quashed for Consolidated Satisfaction Note

January 17, 2026 438 Views 0 comment Print

The Tribunal examined whether a single, consolidated satisfaction note for multiple assessment years meets the requirement of Section 153C. It held that such consolidated recording vitiates jurisdiction, rendering the search assessments void.

SEBI Proposes Fund Netting to Ease FPI Cash Market Settlements

January 17, 2026 633 Views 0 comment Print

The issue is high liquidity and funding costs under gross settlement for FPIs. The proposal allows limited netting to improve efficiency while preserving market safeguards.

SEBI Proposes Easier Client On-Boarding Through Centralised KYC Framework

January 17, 2026 615 Views 0 comment Print

The consultation paper suggests centralising supplementary KYC data at KRAs to avoid repetitive submissions. The key takeaway is improved KYC portability and faster account opening across intermediaries.

Section 153A Additions Sustained Where Incriminating Material Exists: ITAT Ahmedabad

January 17, 2026 372 Views 0 comment Print

The Tribunal upheld additions in search assessments where seized material and settled precedent supported the Revenue’s case. The ruling clarifies that group-level incriminating evidence can justify section 153A additions.

ITAT Ahmedabad Deletes Penalty u/s 271(1)(c): Defective SCN & Partial Quantum Relief Fatal to Penalty

January 17, 2026 276 Views 0 comment Print

The issue was whether a penalty can survive when the show cause notice fails to specify the exact charge. ITAT held that a vague notice violates law, making the entire penalty unsustainable.

Deduction of tax on benefit or perquisite in respect of business or profession

January 17, 2026 831 Views 0 comment Print

The law taxes business/professional benefits via 10% TDS, even for non-cash perks. The key takeaway is tax must be ensured before releasing the benefit.

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