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Archive: 21 January 2026

Posts in 21 January 2026

No Depreciation, No Section 50: ITAT Mumbai Deletes Addition on Car Sale

January 21, 2026 666 Views 1 comment Print

The issue was whether Section 50 can apply when no depreciation was ever claimed or allowed on cars. The Tribunal held that without actual depreciation, Section 50 cannot be invoked and the addition was deleted.

Penalty Imposed for Private Placement of Shares Without Mandatory Valuation Report

January 21, 2026 1221 Views 0 comment Print

The regulator held that issuing securities through private placement without a registered valuer’s report violates Section 62(1)(c). A reduced penalty was imposed considering start-up status.

₹25 Lakh Penalty Imposed for Failure to Appoint Mandatory Company Secretary

January 21, 2026 771 Views 0 comment Print

A company was penalised for long-term non-compliance with mandatory appointment of a Company Secretary. The order reiterates strict enforcement of Section 203 of the Companies Act.

Section 271(1)(c) Penalty Deleted as Section 14A Disallowance Alone Is Not Enough: ITAT Mumbai

January 21, 2026 519 Views 0 comment Print

The Tribunal clarified that confirmation of a Section 14A read with Rule 8D disallowance does not automatically justify penalty. Independent findings showing inaccurate particulars or concealment are mandatory.

Section 271(1)(c) Penalty not leviable on estimated bogus-purchase disallowance: ITAT Mumbai

January 21, 2026 768 Views 0 comment Print

Where the extent of inflated purchases cannot be quantified and is restricted to a nominal percentage, penalty provisions do not apply. The ruling reinforces the distinction between estimated additions and proven concealment.

Bogus Purchase addition restricted to 10% Despite Entry Operator Statement

January 21, 2026 1071 Views 0 comment Print

The issue was whether the entire purchase amount could be added under Section 69C based solely on an entry-operator’s denial. The Tribunal ruled that since sales were accepted and books not rejected, only a 10% estimated disallowance was justified.

Assessment Set Aside for Non-Consideration of Mandatory Penalty Provisions

January 21, 2026 666 Views 0 comment Print

It was held that applying Sections 69/69A read with Section 115BBE without examining penalty under Section 271AAC justified revision. The PCIT’s direction to reframe the assessment was sustained.

TP Adjustment Based on DRI Allegations Cannot Survive After Exoneration: ITAT Mumbai

January 21, 2026 516 Views 0 comment Print

The issue was whether a transfer pricing adjustment could survive when based solely on DRI allegations later dropped. The Tribunal held that once customs authorities exonerated the assessee, the TP adjustment had no foundation and was rightly deleted.

Direct Tax Code (DTC) 2025: Overall analysis and Key Changes

January 21, 2026 4938 Views 0 comment Print

Explains how the new tax code replaces the 1961 Act with simpler rules and fewer exemptions. The key takeaway is a clearer, taxpayer-centric framework effective from April 2026.

SC: Capital Gains from Indirect Share Transfer Taxable; DTAA protection denied

January 21, 2026 693 Views 0 comment Print

The Supreme Court held that capital gains from indirect transfers deriving value from Indian assets were taxable in India. The key takeaway is that treaty protection cannot shield arrangements lacking real commercial substance.

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