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Archive: January, 2026

Posts in January, 2026

Disallowance u/s. 14A restricted to extent of exempted income earned during relevant year

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Delhi High Court held that the disallowance under Section 14A of the Income Tax Act is to be restricted to the exempted income. Amendment to section 14A in terms of Finance Act, 2022 is prospective in nature. Accordingly, appeal of revenue dismissed.

Only Unexplained Portion of Cash Deposits Can Be Taxed: ITAT Chennai

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Cash deposits arising from routine business collections cannot be wholly treated as unexplained income. The ruling confirms that estimations must reflect the nature of the taxpayer’s business.

Non-examination of issue of depreciation claimed on goodwill justifies revision u/s. 263

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ITAT Pune held that non-examination of issue of depreciation claimed on goodwill justifies invocation of revisionary proceeding under section 263 of the Income Tax Act. Accordingly, order sustained and appeal of assessee dismissed.

CIRP against Damara Gold P. Ltd. initiated as debt and default of financial debt proved

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NCLT Mumbai held that the Corporate Debtor [Damara Gold Private Limited] has committed a default in repaying the financial debt to the Financial Creditor [M/s. Punjab National Bank]. Accordingly, application u/s. 7 of IBC for initiation of CIRP admitted.

Penalty Deleted as Addition Was Based on Estimation

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The Tribunal held that penalty under section 271(1)(c) cannot survive when the underlying addition is purely estimated. The ruling reinforces that estimation alone does not amount to furnishing inaccurate particulars.

Section 205 Bars Denial of TDS Credit for Employer’s Default: ITAT Mumbai

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ITAT held that once tax is deducted from an employee’s income, credit cannot be denied merely because the employer failed to deposit it. Section 205 bars recovery of such tax from the employee.

Depreciation on Amalgamation Goodwill Allowed Under Settled Law

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The Tribunal upheld depreciation on goodwill arising from amalgamation, relying on Supreme Court precedent. The ruling confirms that excess consideration recognized as goodwill qualifies for depreciation under section 32.

Section 68 Loan Addition Solely on Third-Party Statement Fails if no Independent AO Inquiry

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ITAT held that a loan cannot be treated as unexplained merely on the basis of a third-party search statement. When confirmations, bank statements, and repayment evidence are on record, independent verification by the AO is mandatory.

ITAT Delhi Upholds Section 80-IC Deduction for Lotus Herbals; Bogus Expansion Claims Rejected

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Revenue’s claim that manufacturing activity was artificially shifted to extend tax benefits was rejected. The Tribunal held that factual expansion and eligible profits were duly established.

ITAT Mumbai: Invalid Section 148 Notice Leads to Deletion of Tax Demand

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With the reassessment notice quashed, the consequential assessment order and demand were automatically annulled. The ruling highlights that taxpayers cannot be burdened where initiation itself is unlawful.

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