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Archive: January, 2026

Posts in January, 2026

Assessment Quashed for Being Passed on a Non-Existent Amalgamated Entity

January 29, 2026 1308 Views 0 comment Print

The ITAT held that an assessment made in the name of an amalgamated company is void ab initio, even where proceedings continued after merger intimation.

Section 148A(d) Order Passed by Jurisdictional AO Held Without Authority: ITAT Chandigarh

January 29, 2026 78 Views 0 comment Print

The Tribunal held that a Section 148A(d) order passed by a jurisdictional AO after the faceless notification is without legal authority. Any reassessment founded on such an order is void for want of jurisdiction.

Reassessment Invalid When Section 148 Notice Lacks Jurisdiction

January 29, 2026 93 Views 0 comment Print

The Tribunal ruled that post-notification reassessment notices must strictly follow the faceless assessment framework. Issuance by a jurisdictional AO renders the notice without authority and the reassessment unsustainable.

Reopening under Section 147 Invalid Where Search Material Triggers Section 153C

January 29, 2026 132 Views 0 comment Print

The Tribunal held that where reassessment is based solely on search material found during a third-party search, proceedings must be initiated under section 153C. Reopening under section 147 was held to be without jurisdiction and quashed.

Penalty Imposed for Procedural Lapse in Share Allotment Disclosures

January 29, 2026 3747 Views 0 comment Print

The Registrar penalised a company for missing mandatory disclosures in share allotment filings. The order clarifies that even inadvertent procedural lapses attract penalties, though relief may apply to eligible start-ups.

Incomplete Disclosures in Share Allotment Documents Attract Penalty: ROC Pune

January 29, 2026 507 Views 0 comment Print

The order holds that missing mandatory disclosures in share issue filings violate Section 62 read with Rule 13. Even inadvertent procedural lapses can trigger penalties under the residual provision of the Companies Act.

Penalty Imposed for Incorrect AOC-4 Filing Despite Later Rectification

January 29, 2026 2022 Views 0 comment Print

The adjudicating authority held that filing an AOC-4 with incorrect particulars attracts penalty even if the error is later admitted and rectified. Administrative correction does not nullify the completed contravention under the Companies Act.

Appeal Delays Linked to Administrative Overload, Not Income Tax Officer Negligence: ITGOA

January 29, 2026 456 Views 0 comment Print

Following judicial criticism of delayed appeals, officers urged structural reforms to fix institutional gaps rather than penalising individual officers.

Income Tax Officers Seek Relief From Penalties Caused by System-Driven Delays

January 29, 2026 1311 Views 0 comment Print

With repeated technical failures hampering compliance, officers requested formal absolution from blame. The letter emphasizes collective institutional responsibility over individual accountability.

Corpus Donations Allowed Despite Cash Collection and Minor Lapses

January 29, 2026 87 Views 0 comment Print

The Tribunal held that corpus donations cannot be denied merely due to technical lapses like student collection or minor PAN errors. Donor intent and consistent treatment in books were sufficient to allow exemption under section 11(1)(d).

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