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Archive: January, 2026

Posts in January, 2026

Delhi HC Barred Income Tax Recovery After Payment of 20% of Disputed Demand

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The court held that recovery during a valid stay was impermissible after 20% payment. Amount recovered despite stay was ordered to be refunded with interest.

AP HC Quashed Director Liability for Lack of Proven Negligence in Tax Recovery

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The court held that directors cannot be made liable for company tax dues without specifying gross negligence or breach of duty. Bank account attachments were set aside for non-compliance with statutory conditions.

Repeated Non-Appearance Not Fatal Where Justice Demands Reconsideration: ITAT Mumbai

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The Tribunal held that despite repeated notices, interests of justice required another opportunity. The case was remanded for fresh adjudication with costs imposed for prior non-cooperation.

ITAT Mumbai Deleted Notional Interest as No Real Income Accrued on Advances to Subsidiary

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The Tribunal held that notional interest cannot be taxed where sufficient interest-free funds exist and no real income has accrued. The Revenue’s challenge to deletion of interest addition was dismissed.

Resolution Plan Not Implemented: Forfeited Amounts Are Not CIRP Costs – NCLT Mumbai

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The Tribunal held that amounts forfeited due to failure to implement the resolution plan cannot be treated as CIRP costs. Supreme Court directions on forfeiture and encashment were binding and decisive.

GST Appeal Delay Condoned Subject to Deposit of Cost with Legal Services Authority

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The High Court examined whether a delayed GST appeal could be rejected outright. Balancing equities, it allowed the appeal to be heard on merits subject to payment of costs, setting aside the dismissal order.

Madras HC Quashed CESTAT Order for Deciding Issues Not Raised in Appeal

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The High Court held that the Tribunal exceeded its jurisdiction by setting aside redemption and re-export relief that was never challenged by the Department. Issues that had attained finality could not be reopened in an assessee’s appeal.

MP HC VAT Dismissed Appeals Due to Unexplained Six-Year Delay

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The High Court examined whether a prolonged delay in filing VAT appeals could be condoned. Holding that the appellants failed to explain their inaction for nearly six years, the Court dismissed both the delay applications and the appeals.

Section 68 Loan Addition Deleted: No Incriminating Material Found During Search

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The Tribunal held that for an unabated assessment year, additions under Section 153A must be based on incriminating material found during search. Since no such material linked to the loan was found, the Section 68 addition was deleted.

154-Day Delay: SC Dismisses Revenue Plea in Penny Stock Addition Case

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The Supreme Court dismissed the Revenue’s appeal solely on account of unexplained delay, leaving the High Court’s decision undisturbed and reinforcing procedural discipline in tax litigation.

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