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Archive: January, 2026

Posts in January, 2026

No Double Taxation of Same Bank Credits, Matter Sent for Verification

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The issue was whether bank credits already offered as income in an HUF’s return could again be taxed in the individual’s hands. ITAT held that double taxation is impermissible and directed the AO to verify HUF records before making any addition.

Failure to Furnish Details Not Final: ITAT Grants Fresh Opportunity

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Additions were made solely because the trust failed to submit details during assessment and appeal. ITAT set aside the assessments for fresh adjudication, stressing that substantive claims should be decided on merits rather than procedural lapses.

Section 153C Bar After April 2021: Bulk Assessments Quashed by ITAT

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ITAT held that Section 153C cannot be invoked where the satisfaction/hand-over date is after 01.04.2021, quashing multiple assessments framed thereafter. The ruling follows the Madras High Court and reinforces Section 153C(3)’s statutory bar.

Appeal Does Not Abate If Estate Is Sufficiently Represented: SC

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The Court ruled that failure to substitute the legal representatives of one heir does not automatically abate proceedings. Abatement arises only where the deceased party’s interest is left wholly unrepresented.

Forced Service Charge by Restaurant & GST Thereon is Unfair Trade Practice: CCPA Delhi

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Failure to make service charge voluntary and to address consumer complaints was held to breach statutory consumer rights. Software modification and penalty were directed.

Restaurant Penalised for Forced Service Charge: CCPA Ordered Refund

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The consumer authority ruled that adding service charge by default, even after clear judicial guidance, violates consumer rights. Full refund and a monetary penalty were ordered, reinforcing that service charges must be voluntary.

Hiding Pending Criminal Cases Bars Government Jobs: SC

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The Supreme Court held that repeated non-disclosure of pending criminal cases in attestation and verification forms is fatal to candidature. Truthful disclosure at entry is mandatory, regardless of later acquittal or clarification.

Non-Ionic Surfactant Classifiable Under CTH 3402 Due to Surface-Active Properties: CAAR Mumbai

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The issue concerned classification of a beverage processing aid containing Polysorbate 65. The Authority held that it met Chapter 34 criteria and classified it as a non-ionic organic surface-active agent.

Optional SIM Connectivity Not Enough to Treat Portable Computers as Telecom Devices: CAAR Delhi

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The case examined whether rugged portable devices with scanning and connectivity features should be treated as communication equipment. The Authority held that since data processing is the principal function, the devices are classifiable as portable ADP machines under Tariff Item 84713090.

CAAR Delhi Rejected Advance Ruling Application Due to Unrectified Procedural Defects

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The Authority rejected the application as the applicant failed to rectify notified deficiencies despite reminders. The ruling underscores that procedural compliance is mandatory before an advance ruling can be considered on merits.

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