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Archive: 22 January 2026

Posts in 22 January 2026

Patna HC Set Aside Vehicle Confiscation as Liquor Found in Rider’s Bag, Not Vehicle

January 22, 2026 267 Views 0 comment Print

The Court examined whether a motorcycle could be confiscated when illicit liquor was carried by a rider without owner involvement. It held that absence of use of the vehicle for transport and lack of owner connivance invalidated confiscation.

Penalty u/s 271AAC cannot survive once Section 69 addition is deleted in quantum

January 22, 2026 993 Views 0 comment Print

The penalty was levied solely on the basis of an alleged unexplained investment under Section 69. Since the quantum addition was fully deleted, the Tribunal ruled that the penalty automatically collapses.

Section 271(1)(c) Penalty Invalid for Non-Specification of Charge: ITAT Agra

January 22, 2026 552 Views 0 comment Print

The issue was whether retaining both limbs of Section 271(1)(c) in the notice renders the penalty void. The Tribunal ruled that failure to strike off the inapplicable limb vitiates the proceedings. Penalties must be founded on precise allegations.

ITAT Mumbai Allowed Section 54F Claim in Appeal although Not Made in Return

January 22, 2026 2211 Views 0 comment Print

It was ruled that the bar on fresh claims applies only to assessing officers, not appellate bodies. A valid Section 54F claim must be examined on merits during appeal.

Assessment Held Void for Skipping Statutory Notice Under Section 143(2): ITAT Agra

January 22, 2026 582 Views 0 comment Print

This case involved reassessment completed without serving the mandatory scrutiny notice. The Tribunal ruled that such omission is not a curable defect and invalidates the proceedings. The decision reinforces strict adherence to statutory safeguards.

ITAT Mumbai Rejected TDS on Stake Money Despite Section 194B Amendment:

January 22, 2026 393 Views 0 comment Print

The issue was whether stake money paid to horse owners attracts TDS under Sections 194B or 194BB. The Tribunal held that stake money is distinct from betting winnings and deleted the Section 201 tax and interest demand.

12AB Denial Set Aside for Foreign Studies Grant; Funds Applied in India; Delay Condoned

January 22, 2026 438 Views 0 comment Print

It was ruled that funds paid in India to a student remain an application in India under Section 11. Utilisation of the grant outside India does not violate charitable exemption provisions.

ITAT Ahmedabad: CIT(A) Order Vitiated for Mixing Two Years’ Facts; Remanded

January 22, 2026 582 Views 0 comment Print

It was ruled that deciding appeals based on facts of another year is a serious legal error. The matter was sent back for reconsideration on correct facts.

Patna HC Set Aside Motorcycle Confiscation for Lack of Proper Notice in Excise Case

January 22, 2026 1068 Views 0 comment Print

The Court quashed a confiscation order after finding no proof of personal notice to the owner. The ruling underscores that meaningful notice and opportunity are mandatory before confiscation.

ITAT Agra: 20% Adhoc Expense Disallowance Deleted; Overdue Interest Remanded; 36(1)(viia) Deduction Restored

January 22, 2026 285 Views 0 comment Print

The case questioned whether a cooperative banks audited expenses could be disallowed on a percentage basis for alleged non-compliance. The Tribunal ruled against arbitrary disallowance without defects in accounts. 

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