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Archive: January, 2026

Posts in January, 2026

Supreme Court Backs Section 17A Shield for Official Decisions

January 16, 2026 837 Views 0 comment Print

The Court ruled that Section 17A lawfully requires prior approval before investigating decisions taken in official capacity. It clarified that the provision balances anti-corruption enforcement with protection against vexatious probes.

Mauritius DTAA doesn’t come to rescue & Tiger Global is liable to Tax: SC

January 16, 2026 4875 Views 0 comment Print

The Supreme Court held that gains arising from the sale of shares of a foreign company deriving substantial value from Indian assets are taxable in India. The ruling confirms that indirect transfer provisions override treaty claims when Indian assets are the real source of value.

Bail in fraudulent GST ITC allowed as trial not to be completed in near future

January 16, 2026 597 Views 0 comment Print

Punjab and Haryana High Court held that bail in fraudulent GST Input Tax Credit allowed since trial is not likely to be completed in near future and detention in lock-up not likely to serve any purpose.

Tiger Global Decision- Fairness and Tax Certainties

January 16, 2026 1101 Views 0 comment Print

The ruling holds that capital gains from offshore structures can be taxed in India when facts show substance over form. The key takeaway is that tax treaties do not protect arrangements leading to double non-taxation.

Disallowance of business loss without pointing out specific defects is impermissible

January 16, 2026 393 Views 0 comment Print

ITAT Bangalore held that disallowance of entire business losses by Assessing Officer without pointing out specific defects is not permissible. Accordingly, appeal of assessee allowed and order set aside.

Pre-Deposit Refund to Follow Appellate Sections, Not General Refund Clause: SC

January 16, 2026 1062 Views 0 comment Print

The Court ruled that refunds arising from statutory pre-deposits must follow the specific appellate provisions, holding the High Court’s reliance on the general refund section unnecessary.

Section 80P(2)(d) Cannot Be Denied for Co-operative Bank Income

January 16, 2026 288 Views 0 comment Print

The issue was whether interest earned from co-operative banks qualifies for deduction under section 80P(2)(d). The Tribunal held that co-operative banks are co-operative societies for this provision, making the interest fully deductible.

Wrong Shareholding Disclosure in Annual Return – MCA imposes Penalty

January 16, 2026 1026 Views 0 comment Print

The adjudication confirms that incorrect classification of promoter and public shareholding in statutory filings attracts penalties. Even inadvertent errors in Form MGT-7 trigger liability under the Companies Act.

Penalty imposed for Failure to Disclose Auditor reported violations in Directors’ Report

January 16, 2026 471 Views 0 comment Print

Authorities held that non-disclosure of auditor-reported violations in the Directors’ Report breached Section 134(3)(f). The ruling underscores that transparency in statutory reporting is mandatory, not optional.

Company Penalised for Wrong Board Meeting Dates in Statutory Returns

January 16, 2026 663 Views 0 comment Print

The adjudicating authority ruled that filing statutory e-forms with incorrect particulars constitutes a completed violation. Subsequent requests to mark forms defective do not erase penalty liability.

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