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Archive: January, 2026

Posts in January, 2026

Amalgamation Shares Taxable Only If Real Income Arises

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The Supreme Court examined whether shares received on amalgamation can be taxed as business income when held as stock-in-trade. It ruled that tax arises only if the substitution results in a real, commercially realizable gain, not a mere statutory replacement.

Substantive 80G Claim Revived Despite Inadvertent Filing Mistake

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The issue was denial of regular 80G approval due to an inadvertent filing under an incorrect clause. The Tribunal held that a procedural mistake should not bar substantive adjudication.

New Agency Approved to Issue Non-Preferential Certificates of Origin

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The trade authority authorises an additional body to issue non-preferential Certificates of Origin. The move expands the official network and eases access for exporters with immediate effect.

DFGT amends eBRC Format to Add GST Details from 13th January 2026

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The trade authority updates the eBRC format by adding GST-linked fields. The key takeaway is improved linkage between export realisation data and GST records, effective 13 January 2026.

Section 69C Addition Restricted to Estimated Profit of Small Trader

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The issue was whether total purchases could be treated as unexplained expenditure under section 69C. The Tribunal held that only the profit element is taxable in a small retail trading business.

Section 263 Revision Quashed for Lack of Error and Prejudice

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he revision targeted 80G deduction and interest under TDS/TCS provisions. The Tribunal found that the Assessing Officer had examined both issues and no prejudice was shown.

Section 14A Disallowance Recomputed After Mutual Fund Exclusion

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The assessee challenged a large section 14A disallowance on procedural and factual grounds. The Tribunal upheld satisfaction but ordered recomputation after excluding mutual fund investments.

Delay in Form 10AB Filing Excused Due to Late Grant of Prior Approval

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Holding that there was no real delay, the Tribunal directed grant of section 80G approval. The decision stresses practical and reasonable interpretation of filing timelines.

Addition Set Aside for Lack of Cross-Examination Opportunity

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An addition based on a third-party statement was challenged for denial of cross-examination. The Tribunal held that natural justice must be followed and directed a fresh hearing.

Reassessment Quashed for Wrong Approval Under Section 151

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The issue was whether reassessment beyond three years was valid without approval from the correct authority. ITAT held the notice void as sanction was taken from the wrong officer, reaffirming strict compliance with Section 151.

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