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Archive: January, 2026

Posts in January, 2026

Penalty Deleted as Addition Was Based on Estimation

January 12, 2026 423 Views 0 comment Print

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

January 12, 2026 618 Views 0 comment Print

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.

RBI Issues Directions to Implement New FEMA Guarantee Rules

January 12, 2026 1065 Views 0 comment Print

Authorised dealer banks must follow the 2026 regulations for all cross-border guarantees. The circular ensures uniform compliance and updated reporting practices.

Depreciation on Amalgamation Goodwill Allowed Under Settled Law

January 12, 2026 405 Views 0 comment Print

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

January 12, 2026 519 Views 0 comment Print

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

January 12, 2026 225 Views 0 comment Print

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

January 12, 2026 696 Views 0 comment Print

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.

Section 68 Addition Fails Without Proof of Actual Penny Stock Trades: ITAT Mumbai

January 12, 2026 909 Views 0 comment Print

The Tribunal ruled that suspicion based on penny stock lists is insufficient to sustain additions. Revenue must prove real purchase and sale transactions through demat and banking records.

Stamp Duty Value on Allotment Date Applies Under Section 56(2)(x): ITAT Mumbai

January 12, 2026 852 Views 0 comment Print

The Tribunal held that where consideration for a flat is paid through banking channels, stamp duty value as on the date of allotment must be adopted. Addition under Section 56(2)(x) based on registration-year valuation was quashed.

Opening Balances and Proven Loans Cannot Be Taxed on Suspicion: ITAT Mumbai

January 12, 2026 8949 Views 0 comment Print

Upholding the CIT(A)s order, the Tribunal held that settled law bars additions made without factual verification. The case reinforces strict limits on arbitrary taxation of loan transactions.

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