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Archive: 27 January 2026

Posts in 27 January 2026

ITAT Mumbai Rejects Section 68 Additions on Alleged Circular Loans

January 27, 2026 540 Views 0 comment Print

Additions based on third-party statements alleging circular trading were rejected as they did not refer to the assessee or show any cash trail. The ruling underscores that suspicion cannot replace evidence.

Only Profit Element Taxable in Bogus Purchase Cases: ITAT Mumbai

January 27, 2026 564 Views 0 comment Print

The Tribunal held that when sales are undisputed, entire purchases cannot be disallowed and only the embedded profit can be taxed, upholding a 20% addition.

Section 80G Renewal Cannot Be Denied for Curable Defects or Proposed Object-Clause Amendment

January 27, 2026 381 Views 0 comment Print

It was held that a proposed object-clause amendment cannot justify outright rejection of 80G renewal. What matters is actual application of funds, not a removable clause in the trust deed.

Reassessment Quashed for Being Initiated by Wrong Authority Under Faceless Scheme

January 27, 2026 585 Views 0 comment Print

The Tribunal held that reassessment notices issued by the Jurisdictional AO after the faceless regime came into force are invalid. The key takeaway is that only faceless authorities can initiate reassessment post-29 March 2022.

Refund of ITC Barred After Amalgamation Once Scheme Is Approved: Gujarat HC

January 27, 2026 801 Views 0 comment Print

The Court held that post-amalgamation, the transferor company cannot claim GST refunds. Unutilised ITC must move only through the statutory transfer mechanism, not by refund.

Corporate Tax Incentives for ESG Compliance in India: Aligning Fiscal Policy with Sustainability Goals

January 27, 2026 858 Views 0 comment Print

The article analyses gaps in India’s current tax incentives for ESG compliance. It concludes that existing measures are inconsistent, inefficient, and insufficient to drive meaningful sustainability outcomes.

Analysis of Notifications and Circulars for Week ending 25th January 2026

January 27, 2026 4275 Views 0 comment Print

This roundup captures key tax, GST, customs, and financial sector updates released during the week. The key takeaway is improved clarity on exemptions, compliance, and regulatory boundaries.

ITAT Chennai Orders De Novo Examination in Search Case Involving ₹200+ Crore Notings

January 27, 2026 312 Views 0 comment Print

The Tribunal clarified that approval under section 153D is an administrative safeguard and need not contain elaborate reasoning. Allegations of mechanical approval fail without concrete evidence of non-application of mind.

Customs Act: Allahabad HC Says Cross-Examination Not Automatic, Must Be Requested

January 27, 2026 729 Views 0 comment Print

Issue involved whether adjudication fails if cross-examination under Section 138B is not provided. The Court held that cross-examination is mandatory only when specifically sought, and the Tribunal erred by presuming a violation without deciding this factual issue.

Release of Amount Seized By Police/ Investigating Authority During Investigation/ Inquiry or Trial of A Cyber-Fraud

January 27, 2026 1002 Views 0 comment Print

This explains how courts can order the release of money seized or frozen during cyber-fraud investigations. The key takeaway is that victims may obtain interim relief, but only subject to legal safeguards, sureties, and judicial discretion.

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