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Archive: 17 January 2026

Posts in 17 January 2026

Delay in Appeal Filing Must Yield to Substantial Justice

January 17, 2026 711 Views 0 comment Print

The tribunal held that refusal to condone delay defeats substantial justice when reasonable cause exists. Delay was directed to be condoned and appeal heard on merits.

Accommodation Entry Income Cut to 1.5% in Bank Routing Case

January 17, 2026 546 Views 0 comment Print

Where funds were merely routed through the assessee’s bank account, the tribunal ruled that only commission income is taxable. The earlier 2% estimation was reduced to 1.5% as more reasonable.

Ex-Parte Appellate Orders Set Aside for Lack of Merits Review

January 17, 2026 579 Views 0 comment Print

The tribunal held that appellate orders passed ex-parte without examining merits violate natural justice. Matters were restored for fresh adjudication after giving proper hearing.

Mandatory Injunction Barred When Title and Possession Are Disputed

January 17, 2026 1230 Views 0 comment Print

The Supreme Court held that a suit for mandatory injunction is not maintainable where title, possession, and identity of land are seriously disputed. In such cases, the proper remedy is a suit for possession or declaration, not injunction alone.

Rejection of Motion in One House Does Not Stall Judge Inquiry: SC

January 17, 2026 1248 Views 0 comment Print

The Supreme Court held that a joint committee is mandatory only when removal motions are admitted in both Houses. If admitted in one House alone, the Speaker or Chairman can validly constitute a committee.

CPC Cannot Treat Form 3CD Entries as Final Without Verification

January 17, 2026 852 Views 0 comment Print

The tribunal held that adjustments made under section 143(1) solely on Form 3CD disclosures are not conclusive. Matters involving contingent liabilities and factual disputes must be verified by the Assessing Officer.

Wrong Valuation Report Leads to Capital Gains Addition

January 17, 2026 858 Views 0 comment Print

Capital gains were computed without allowing improvement costs due to submission of an incorrect valuation report. The Tribunal held that a bona fide mistake justified reconsideration with correct evidence.

Partners’ Remuneration Disallowance Set Aside Due to ITR Error

January 17, 2026 699 Views 0 comment Print

The tribunal held that a legitimate deduction cannot be denied merely due to an inadvertent reporting mistake in the return. The matter was remanded to verify facts and allow the deduction if otherwise admissible.

Delay Excused Where Notices Never Reached the Assessee

January 17, 2026 444 Views 0 comment Print

The core issue was whether lack of knowledge of proceedings justified late appeals. The Tribunal held that notices sent to an inaccessible email amounted to sufficient cause. The decision emphasizes procedural fairness.

Time-Barred 12AB Cancellation Appeal Thrown Out

January 17, 2026 744 Views 0 comment Print

The tribunal dismissed the appeal as time-barred because no condonation petition was filed. Delay without explanation renders the appeal non-maintainable.

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