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Archive: January, 2026

Posts in January, 2026

Creditor Confirmed in Both Books: Section 68 Addition Reopened for Verification

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The issue concerned treating business creditors as unexplained cash credits due to non-response to notices. The Tribunal held that corroborative balance sheets and ledger evidence warranted fresh verification, and remanded the matter to the AO.

NHRC Seeks Complainant’s Response After Reports Flag Rise in Fluoride-Affected Villages in Telangana

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In NHRC Case No. 248/36/0/2025, the Commission examined complaints of alarming fluoride contamination in Telangana groundwater and noted official reports showing an increase of nine affected villages and State reliance on alternative surface water supply schemes. The NHRC has now directed that the Action Taken Reports be shared with the complainant and sought comments within four weeks before further proceedings

NI Act & IBC: Liability for Cheque Dishonour Amidst Insolvency Proceedings

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The court held that cheque dishonour caused by a statutory account freeze during insolvency does not attract criminal liability. The key takeaway is that lawful incapacity, not default, defeats Section 138 prosecutions.

Intended Industrial Use Irrelevant for Section 10(37) Exemption: ITAT Delhi

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The Tribunal held that cancellation of the earlier sale deed restored legal ownership to the assessee’s family. Consequently, compensation received on compulsory acquisition qualified for exemption under section 10(37).

PCIT Must Follow ITAT Special Bench Despite Pending Appeal: Bombay HC

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The High Court ruled that tax authorities cannot ignore a binding ITAT Special Bench decision under Section 264 merely because the department has appealed it. Judicial discipline requires adherence unless the ruling is stayed or overturned.

Penalty u/s 271B Deleted Due to Reasonable Cause for Delay: ITAT Chennai

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The Tribunal examined whether delay in filing the tax audit report warranted penalty under section 271B. It held that liquidation proceedings and the illness and death of the partner constituted reasonable cause under section 273B, justifying deletion of penalty.

The Core Issue with Solidaris Capital: Unraveling Tax Evasion, Charitable Deduction Misuse & Regulatory Gaps

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Allegations center on discounted asset purchases followed by high-value charitable donations to secure outsized tax deductions. The key takeaway is the risk posed by inflated appraisals and weak valuation controls.

Post-Facto CSR Payment Not a Defence – Penalty Upheld

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The regulator held that failure to spend CSR funds or transfer unspent amounts within statutory timelines violates sections 135(5) and (6). Subsequent voluntary payment does not erase the default, attracting penalties under section 135(7).

Seized Document Not Dumb Where Cheque Entries Stand Verified: ITAT Delhi

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The Tribunal examined whether a third-party seized document could be ignored as a dumb document. It held that once cheque entries in the same document matched recorded transactions, related cash entries could not be disbelieved and addition under section 69C was justified.

Penalty Cannot Stand When Quantum Issue Is Pending Before HC: ITAT Hyderabad

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The Tribunal ruled that penalty proceedings are consequential to assessment. When the assessment issue is pending before the High Court, penalty cannot be enforced.

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