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Archive: 22 January 2026

Posts in 22 January 2026

Section 270A Penalty Deleted for Suo Motu Withdrawal of Education Cess Claim

January 22, 2026 714 Views 0 comment Print

The tribunal held that penalty under Section 270A cannot be levied where the assessee voluntarily withdrew the education cess claim after a retrospective amendment. A bona fide claim made on prevailing judicial views does not amount to under-reporting or misreporting.

Penalty u/s 271(1)(c) Not Sustainable on Estimated/40(a)(ia)/41(1) Additions: ITAT Agra

January 22, 2026 354 Views 0 comment Print

The case examined penalty levied on estimated additions and statutory disallowance. The Tribunal held that neither category amounts to concealment or inaccurate particulars.

Section 43B Relief Granted Because Evidence of Gratuity Payment Was Ignored

January 22, 2026 366 Views 0 comment Print

The decision underscores that ignoring audited disclosures, ledgers, and salary records violates principles of natural justice. Once actual payment is proved, gratuity deduction must be allowed.

ITAT Rajkot Quashes Copy-Paste Appellate Order Citing Wrong AY/Facts

January 22, 2026 5520 Views 1 comment Print

The issue was an appellate order passed with facts, year, and income of another assessee. The Tribunal held the order void and directed a fresh decision in the correct case.

Display Window Glass classifiable as Electronic Part, Not Safety Glass: CAAR Delhi

January 22, 2026 324 Views 0 comment Print

The advance ruling held that window glass used exclusively in display assemblies is not classifiable as safety glass. Its functional integration with display modules determines classification under electronic parts.

CAAR Mumbai Rejected Advance Ruling Due to Ongoing Customs Investigation

January 22, 2026 1359 Views 0 comment Print

The authority refused to issue an advance ruling after finding that the same issue was already under investigation by customs officers. The ruling reiterates that pending investigations bar maintainability under Section 28-I.

Minor Valuation Difference Cannot Justify Capital Gains Addition: ITAT Surat

January 22, 2026 1998 Views 0 comment Print

ITAT held that when the same property valuation has been accepted in co-owners’ cases, a contrary view cannot be taken for another co-owner. Consistency in tax treatment is mandatory.

Penny Stock LTCG Held Genuine Despite Investigation Reports: ITAT Mumbai

January 22, 2026 6237 Views 0 comment Print

The tribunal held that suspicion, abnormal price rise, or third-party reports are insufficient to deny LTCG exemption. Revenue must establish direct involvement of the taxpayer in price rigging.

Alleged Policy Leak Behind Abnormal MCX Silver Prices Raises Alarm

January 22, 2026 3213 Views 0 comment Print

Silver futures surged on import duty hike rumours, creating an unprecedented premium. The issue highlights risks of information leakage and the need for swift regulatory scrutiny.

Section 68 Addition Set Aside as Onus of Proof Was Discharged

January 22, 2026 438 Views 0 comment Print

The Tribunal held that once the assessee proves identity, genuineness, and source through documents and bank records, the burden shifts to the Revenue. Without rebuttal of evidence, addition under Section 68 cannot survive.

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