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Archive: 31 January 2026

Posts in 31 January 2026

No Section 68 Addition After Full Repayment of Loans Already Examined in Search Assessment

January 31, 2026 516 Views 0 comment Print

The issue was whether section 68 additions could survive when loans were already repaid. The Tribunal held that once the assessee is no longer a beneficiary, such additions are unsustainable.

ROC Chhattisgarh Imposed Penalty for Failure to File Annual Return Within Prescribed Time

January 31, 2026 261 Views 0 comment Print

The authority held that non-filing of the annual return for FY 2023–24 attracts penalty under section 92(5). Continued default led to penalties on both the company and directors.

ROC Chhattisgarh Imposed Penalty for Delay in Filing PAS-6 Share Capital Report

January 31, 2026 351 Views 0 comment Print

The authority held that late filing of PAS-6 violates Rule 9A(8) and attracts penalty under section 450. Subsequent compliance does not erase earlier default.

ROC Chhattisgarh Imposed Penalty for Late Filing of PAS-6 Share Capital Reconciliation

January 31, 2026 189 Views 0 comment Print

Failure to file PAS-6 within time attracted penalties under section 450 despite subsequent compliance. Timely half-yearly reporting of share capital remains mandatory.

Notice u/s. 148A(b) cannot be issued for verification: Gujarat High Court

January 31, 2026 801 Views 0 comment Print

Gujarat High Court held that notice under section 148A(b) cannot be issued for verification on the part of the Assessing Officer. Such verification is to be conducted u/s. 148A(a) prior to issuance of notice. Thus, order passed thereon is liable to be quashed and set aside.

Assessment framed on basis of mechanical approval u/s. 153D is not tenable: ITAT Patna

January 31, 2026 687 Views 0 comment Print

ITAT Patna held that consolidated approval under section 153D of the Income Tax Act granted in mechanical manner by JCIT without application of mind is invalid and hence assessment framed thereon is liable to be quashed.

Jurisdictional AO not authorized to issue notice u/s. 148 post faceless mechanism: ITAT Hyderabad

January 31, 2026 1005 Views 0 comment Print

ITAT Hyderabad held that issuance of notice under section 148 of the Income Tax Act by Jurisdictional Assessing Officer, post introduction of ‘Faceless Jurisdiction of Income tax Authorities Scheme, 2022, is bad and illegal in law. Accordingly, order passed thereon is quashed and set aside.

Revision u/s 263 Quashed: AO’s Plausible View on 80P Deduction Cannot Be Substituted by PCIT

January 31, 2026 348 Views 0 comment Print

The tribunal held that revision under Section 263 is invalid where the Assessing Officer has examined the issue and adopted a plausible legal view. The PCIT cannot substitute his opinion merely because another interpretation is possible.

Excise Rules Amended to Redefine Packing Machine Speed Calculation

January 31, 2026 714 Views 0 comment Print

The government revised excise rules to formally define how maximum machine speed is calculated for tobacco packing machines. The key takeaway is a standardized formula based on RPM, gear ratio, and cups or funnels.

Section 153C Additions Deleted: No Corroboration for Third-Party Pen-Drive Evidence

January 31, 2026 690 Views 0 comment Print

The tribunal ruled that statements of third parties cannot be relied upon unless the assessee is provided copies and allowed cross-examination. Denial of this right renders the additions legally untenable.

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