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Archive: January, 2026

Posts in January, 2026

Reopening Quashed as Limitation Under Old Regime Expired: ITAT Mumbai

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The issue was whether a reassessment notice for AY 2015–16 issued after 31 March 2022 was valid. The Tribunal held the notice time-barred and quashed the entire reassessment proceedings.

Reversal of Unclaimed MSMED Interest Cannot Trigger Tax Addition

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The ITAT held that reversal of MSMED Act interest cannot be taxed if the provision was never claimed as a deduction. The matter was remanded for verification, with directions to delete the addition if the claim is confirmed.

Section 271(1)(c) Penalty Deleted for Revenue-Neutral Loss Claim

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The ITAT held that penalty cannot be imposed where a capital loss claim was voluntarily withdrawn during assessment. Since no tax benefit was availed, the case did not attract section 271(1)(c).

Interest on Land Acquisition Compensation Taxable as Capital Receipt

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The dispute concerned the head of taxation for interest received on enhanced land compensation. The Tribunal ruled that Section 28 interest is an accretion to compensation and cannot be assessed as income from other sources.

Aggregated Cash Payments Cannot Trigger Section 40A(3) Disallowance

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The ITAT held that cash expenditure cannot be disallowed merely by aggregating payments. Since no payment to any person on a single day crossed the statutory limit, the disallowance was deleted.

Filing Petitions Before NCLT & NCLAT in Corporate Insolvency Matters: A Practitioner’s Guide

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This explains the legal framework governing insolvency filings before the NCLT. The key takeaway is that strict procedural compliance and proof of default are critical for admission.

Interest-Free Loan Transfer Pricing Adjustment Invalid Without Any Profits

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The issue was whether interest-free loans to group entities warranted transfer pricing adjustment. The Tribunal held that since business had not commenced and no income was earned, the adjustment was unsustainable.

Recorded Sales During Demonetisation Cannot Be Taxed as Unexplained Money: ITAT Hyderabad

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The Tribunal held that cash deposited in demonetised notes cannot be taxed under Section 69A when it represents recorded business sales. The key takeaway is that duly accounted turnover cannot be treated as unexplained merely due to demonetisation.

Section 80P Claim Sent Back as Return Delay May Be Condoned

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The dispute arose from CPC denial of deduction due to late return filing. The Tribunal restored the matter, holding that the Assessing Officer must act based on the CCIT’s condonation decision.

MSME-1 Filing Delays Lead to Maximum Penalties Under Companies Act

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Repeated delays in filing MSME returns resulted in penalties reaching the statutory cap. The decision highlights strict enforcement of MSME disclosure timelines and accountability of management.

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