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Archive: January, 2026

Posts in January, 2026

Reassessment Quashed: No Valid ‘Reason to Believe’ Despite Insight Portal Data – Gujarat HC

January 15, 2026 483 Views 0 comment Print

Court held that reopening of assessment based solely on vague information from Insight Portal, without a live nexus to the assessee’s records, was invalid. Reassessment notice was quashed for absence of concrete material showing income escapement.

TDS Demand Quashed: No Proof of Cash Payment; Section 194-IA Liability Not Automatic

January 15, 2026 204 Views 0 comment Print

Tribunal held that TDS liability under section 194-IA cannot arise unless Revenue proves that payment was actually made. Mere third-party statements were found insufficient to treat buyer as an assessee in default.

Share Certificate Transfer Dates Prove Holding Period; ITAT Allows LTCG Despite Purchase Date Doubts

January 15, 2026 198 Views 0 comment Print

Purchase Date Doubts Not Enough to Deny LTCG Exemption: ITAT Mumbai held that transfer dates shown in share certificates satisfied the statutory holding requirement.

₹34 Cr Export Confiscation Set Aside: CESTAT Cites Mandatory Section 138B Compliance

January 15, 2026 252 Views 0 comment Print

The Tribunal held that statements recorded during investigation were inadmissible as mandatory procedures under Section 138B were not followed. Without valid evidence, confiscation and penalties were set aside.

Section 80P Deduction Denied Due to Belated Return, Case Sent Back for Condonation Review

January 15, 2026 309 Views 0 comment Print

The Tribunal held that deduction under section 80P cannot be allowed without a timely return but restored the matter to enable condonation under the CBDT circular.

Interest on Allegedly Bogus Loans Sent Back for De Novo Adjudication

January 15, 2026 225 Views 0 comment Print

The Tribunal set aside the interest disallowance after noting that the underlying loan genuineness issue was already remanded for fresh adjudication, requiring reconsideration by the Assessing Officer.

CIT(A) Ex-Parte Order Quashed: Notices Sent to Old Counsel Email; Matter Remanded

January 15, 2026 168 Views 0 comment Print

The appellate order was quashed as the appeal was dismissed solely for non-appearance without examining the grounds or recording reasons. The case was remanded for fresh adjudication in line with statutory requirements.

80P Deduction Denied for Late Return, Case Sent Back for Condonation

January 15, 2026 234 Views 0 comment Print

The Tribunal upheld the statutory bar on late-filed returns but restored the matter to allow the assessee to seek condonation under the CBDT circular.

Section 148 Reassessment Notice Quashed as Issued Beyond Surviving Limitation

January 15, 2026 225 Views 0 comment Print

The case examined whether a reassessment notice issued after the Ashish Agarwal procedure complied with limitation rules. The court held the notice time-barred as it exceeded the surviving period under TOLA and quashed all proceedings.

Bail Granted as Custody Continued Despite Near Completion of Investigation

January 15, 2026 423 Views 0 comment Print

The Kerala High Court granted bail in a vigilance bribery case, noting prolonged custody and that the investigation was practically over. The Court reaffirmed that bail should not be denied merely due to the seriousness of allegations.

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