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Archive: 24 January 2026

Posts in 24 January 2026

Section 194T (10% TDS) causing cash-flow blockage for MSMEs

January 24, 2026 2778 Views 0 comment Print

Section 194T introduces a flat 10% TDS on partner remuneration and interest, sharply reducing monthly liquidity for small firms. The key takeaway is that blocked refunds and borrowing costs may outweigh any compliance benefit.

Section 68 Cannot Be Invoked Merely for Non-Appearance of Share Subscribers on Presumptions

January 24, 2026 1389 Views 0 comment Print

The Tribunal ruled that additions based only on presumptions and low income of subscribers are invalid. Proper documentary evidence outweighs non-appearance under summons.

Section 40A(3) Disallowance for Cash Freight Payments Within ₹35,000 Quashed; WhatsApp Chats Insufficient

January 24, 2026 858 Views 0 comment Print

The Tribunal ruled that payments made directly to truck drivers, and not transporters, fall outside Section 40A(3) limits when within the statutory threshold. Additions based on incorrect assumptions were set aside.

Assessment Quashed for Ignoring DRP Objections- HC directs CBDT to Plug Procedural Gaps in DRP Process

January 24, 2026 612 Views 0 comment Print

The issue was whether a final assessment could stand when objections were filed before the DRP but not considered by the AO. The Court ruled that such an order violates the scheme of section 144C and must be set aside.

Direct GST Interest Recovery from Bank Quashed for Lack of Adjudication – ITC Misuse Case  

January 24, 2026 1371 Views 0 comment Print

The Court held that interest under reverse charge cannot be recovered without prior adjudication. Coercive recovery was set aside as the liability was not an admitted tax.

GST Demand on Municipal Advertisement Kept Open Pending Hearing

January 24, 2026 291 Views 0 comment Print

The issue was a municipal demand raised without prior notice. The Court accepted the authority’s statement to treat it as a show cause notice and ensure a hearing before any final decision.

Reassessment Notice & Order Quashed for Denial of Opportunity to Produce Accounts

January 24, 2026 1026 Views 0 comment Print

The issue was whether reassessment could proceed when financial statements were not called for despite the taxpayer’s willingness to furnish them. The court set aside the notice, holding that lack of proper opportunity vitiated the reopening.

Repayment of Accepted Loans Cannot Be Treated as Unexplained Income

January 24, 2026 759 Views 0 comment Print

The Tribunal examined whether repayment of earlier loans could be taxed as unexplained money. It held that once loans were accepted as genuine and repayment sources were explained, no addition could survive.

Section 80HHC Amendment Non-Retrospective: Delhi HC Quashed Reassessment Notice

January 24, 2026 366 Views 0 comment Print

The Court held that reassessment based on a retrospective amendment to Section 80HHC is invalid. The key takeaway is that such amendments cannot reopen concluded assessments.

NCLAT Upheld Implemented Resolution Plan Despite Objection to Contingent Claims

January 24, 2026 1632 Views 0 comment Print

NCLAT held that once a resolution plan is approved and implemented, later challenges by creditors cannot be entertained. The key takeaway is the finality of an implemented resolution plan.

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