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Archive: January, 2026

Posts in January, 2026

₹3.49 Cr Cash Seizure Backed by Cash Book & Debtor Realisations: ITAT Deletes Sec 69A Addition

January 12, 2026 555 Views 0 comment Print

Tribunal held that cash found and seized cannot be treated as unexplained when it is fully reflected in audited books and not disproved by tax authority. Additions under Section 69A cannot rest on suspicion alone.

Why LLPs Cannot Operate as NBFCs Under Current RBI Rules?

January 12, 2026 1161 Views 0 comment Print

 Indian law allows LLPs to conduct lawful business, but RBI regulations restrict NBFC status to companies. The key takeaway is that LLPs are ineligible for NBFC registration despite commercial intent.

Final assessment order u/s. 143(3) beyond time prescribed u/s. 153 is time barred

January 12, 2026 972 Views 0 comment Print

ITAT Hyderabad held that final assessment order passed under section 143(3) of the Income Tax Act by AO beyond the time limit provided under Section 153(1) of the Income Tax Act is barred by limitation. Accordingly, appeal of assessee allowed.

Accused rightly convicted to offence punishable u/s. 138 of NI Act as ingredients duly satisfied

January 12, 2026 645 Views 0 comment Print

Himachal Pradesh High Court held that since all the ingredients of commission of an offence punishable u/s. 138 of the NI Act were duly satisfied. Thus, Trial Court had rightly convicted the accused of the commission of an offence punishable u/s. 138 of the NI Act. However, sentence is reduced to six months imprisonment.

DRP cannot approve conclusion of TPO without giving independent findings: Delhi HC

January 12, 2026 342 Views 0 comment Print

Delhi High Court held that Dispute Resolution Panel [DRP] cannot merely approve the conclusion of TPO without giving independent findings. Accordingly, writ dismissed as no substantial question arise in the petition.

Quashes draft order & DRP’s directions as both erred in holding assessee eligible: Karnataka HC

January 12, 2026 459 Views 0 comment Print

The High Court held that issuing a draft assessment order under Section 144C is invalid where the Transfer Pricing Officer proposes no variation. The key takeaway is that absence of TP adjustment means the assessee is not an “eligible assessee,” making DRP proceedings without jurisdiction.

How are gains taxed when you buy Unlisted Shares and Sell after Listing?

January 12, 2026 4512 Views 0 comment Print

The issue was whether gains qualify as long-term when shares are bought unlisted and sold post-listing. It was held that the holding period starts from purchase and LTCG under section 112A applies if STT is paid on sale.

Appeals Restored After Dismissal for Non-Condonation of Delay

January 12, 2026 375 Views 0 comment Print

The Tribunal ruled that dismissing appeals in limine without examining reasons for delay was improper. It restored the matters for fresh consideration, stressing that procedural lapses should not defeat substantive justice.

FIIs May Be Selling India, But They Are Buying Indian Banks

January 12, 2026 885 Views 0 comment Print

While foreign investors appear to be net sellers in Indian markets, the data shows a clear shift toward banking stocks. The key takeaway is strategic sectoral rotation, not an exit from India.

Belated 80G Application Revived: ITAT Applies Finance Act, 2024 Amendment and Sets Aside Rejection

January 12, 2026 270 Views 0 comment Print

The Tribunal held that post–Finance Act, 2024, an 80G application can be filed any time after commencement of activities. Rejection solely for delay was set aside and the application was restored for fresh consideration.

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