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Archive: January, 2026

Posts in January, 2026

Faceless CIT(A) Cannot Reject Appeal for Admitted Tax Payment Lapse: ITAT Raipur

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The ruling clarifies that the power to admit or reject appeals under section 249(4) lies with NFAC/RFAC, not the Appeal Unit. Appeals were restored due to improper exercise of jurisdiction.

Labour Codes 2025 Change Pay Structures as 50% Wage Rule Applies

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The new labour framework mandates restructuring of wages to ensure basic pay and dearness allowance form at least half of remuneration. This mainly affects fixed-term and contract workers, while permanent employees see limited change.

Bogus Purchase Disallowance Restricted to 6% on Estimation by ITAT Delhi

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The Tribunal held that when corresponding sales are accepted, a full disallowance of alleged bogus purchases is not justified. It restricted the addition to 6% of the purchase value as a reasonable estimate.

ITAT Orders Fresh Section 14A Disallowance computation for Lack of AO Satisfaction

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The Tribunal clarified that disallowance under Section 14A is not warranted when sufficient interest-free own funds are available, reinforcing limits on Rule 8D application.

GSTN Issues 4 Advisories in December 2025 to Clarify Key Compliance Procedures

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GSTN has made Table 3.2 of GSTR-3B non-editable with auto-population from GSTR-1/1A/IFF. The update ensures consistency in inter-State supply reporting and restricts corrections to prescribed amendment routes.

Section 68 Addition for mere Non-Compliance to Summons: ITAT Kolkata

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The AO accepted documents but still made an addition without pointing out defects. The Tribunal ruled that section 68 requires adverse findings, not assumptions.

Annuloplasty Ring Classified as Residual Medical Implant as It Does Not Replace Body Part

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The CAAR Delhi examined whether annuloplasty rings qualify as artificial body parts. It ruled that since the device only supports an existing heart valve annulus and does not replace anatomy, classification lies under the residual medical implant category.

Foreign Tax Credit Allowed as Form 67 Delay Is Procedural: ITAT Mumbai

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The Tribunal examined whether delayed filing of Form 67 can defeat a valid FTC claim. It ruled that Rule 128(9) is directory and FTC cannot be denied when substantive conditions are met.

Interest in Form 26AS Not Taxable on Accrual Under Cash System Without Verification: ITAT Mumbai

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The CPC taxed interest solely based on Form 26AS despite the assessee following the cash method. The Tribunal ruled that taxation requires verification of receipt and remanded the issue to the AO.

Homebuyer Claims vs Financial Creditor Status: Evolving Jurisprudence under IBC

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Courts are increasingly questioning whether all homebuyer claims qualify as financial debt. The key takeaway is a shift toward transaction-based scrutiny rather than automatic classification.

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