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Archive: January, 2026

Posts in January, 2026

Execution Cannot Impose Personal Liability Without Prior Adjudication: SC

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The question was whether execution proceedings could extend to directors despite no findings against them. The Court ruled that directors cannot be bound in execution without pleadings, adjudication, and findings in the original proceedings.

Reassessment Quashed as Jurisdictional AO Lacked Faceless Authority: ITAT Hyderabad

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The issue was whether reassessment notices issued by the Jurisdictional AO were valid after the faceless regime. ITAT held that post-notification, only the Faceless AO could act, rendering the reassessment void.

ITAT Delhi Set Aside Bogus Purchase Addition for Breach of Section 250(6)

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The issue was whether the appellate order properly dealt with bogus purchase additions. ITAT held that a non-speaking NFAC order violating section 250(6) must be set aside.

Depreciation on Intangible Highway Assets Allowed: ITAT Delhi

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The issue was whether depreciation can be claimed on BOT road projects. ITAT upheld depreciation, rejecting mere amortisation under the CBDT circular.

TDS Credit Allowable Despite Capitalised Interest Reduction from CWIP: ITAT Delhi

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The issue was whether TDS credit can be denied when interest income is adjusted against capital work-in-progress. ITAT held that once income is indirectly recognised by reducing CWIP, corresponding TDS credit cannot be refused.

CSR Solar Power Not Charitable Without Public Benefit: ITAT Bangalore

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The Tribunal held that solar power generation under a CSR structure is not charitable when the dominant benefit accrues to a single corporate entity. The environmental activity must primarily benefit the public to qualify for Section 12AB registration.

Invalid Reference to TPO under Section 92CA: A Critical Analysis of CBDT Instruction No. 3/2016

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Courts have ruled that references to the TPO cannot be made mechanically. The key takeaway is strict compliance with CBDT Instruction No. 3/2016 is mandatory for jurisdiction.

Revival Fund under IBC: A Practitioner’s Roadmap from Proposal to Execution

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Explains why many insolvency resolutions fail due to lack of execution capital and how a Revival Fund can prevent value-destructive liquidations by supporting viable businesses.

Review Petition by Revenue dismissed against earlier Order Quashing GST Demand on Breach of Natural Justice

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The High Court held that a review cannot be entertained without a clear error or new evidence. Re-arguing the case on merits was found impermissible.

Mechanical Section 153D Approval Quashes Search Assessments: ITAT Delhi

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The issue was whether common and ritualistic approval under section 153D can sustain search assessments. ITAT held that mechanical approval without independent application of mind vitiates the entire proceedings.

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