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Archive: January, 2026

Posts in January, 2026

CSR Solar Power Not Charitable Without Public Benefit: ITAT Bangalore

January 13, 2026 513 Views 0 comment Print

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

January 13, 2026 930 Views 0 comment Print

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

January 13, 2026 360 Views 0 comment Print

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

January 13, 2026 402 Views 0 comment Print

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

January 13, 2026 336 Views 0 comment Print

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.

Madras HC Quashes Reassessment for Company Already Liquidated by NCLT

January 13, 2026 372 Views 0 comment Print

The High Court quashed reassessment proceedings initiated after the company had already been liquidated by NCLT, holding such action legally unsustainable.

Justice Revati Mohite Dere Takes Oath As Chief Justice Of Meghalaya High Court

January 13, 2026 408 Views 0 comment Print

The High Court’s leadership change marks a milestone for women in the judiciary. The appointment reflects institutional commitment to inclusivity and constitutional values.

Delay in Form 10 Filing Cannot Deny Section 11 Exemption: Madras HC

January 13, 2026 444 Views 0 comment Print

The High Court held that exemption under Section 11 cannot be denied merely because Form 10 was filed belatedly. The key takeaway is that substantive tax benefits for charitable trusts prevail over procedural lapses.

Can Recovery Be Made from a Dead Person Under GST?

January 13, 2026 12465 Views 1 comment Print

The High Court ruled that GST demands cannot be determined against a deceased proprietor. Authorities must issue show cause notices to legal heirs before fixing liability, failing which proceedings are void.

Reassessment Notice Time-Barred Under Section 149, ITAT Quashes Case

January 13, 2026 738 Views 0 comment Print

The issue was whether a reassessment notice issued after 31.03.2021 for AY 2014-15 was within limitation. ITAT held the notice time-barred in light of the Supreme Court’s Rajeev Bansal ruling and quashed the entire reassessment.

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