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Archive: January, 2026

Posts in January, 2026

Section 25(4) of Customs Act is arbitrary and contrary to section 25(1) and (2A)

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Karnataka High Court held that section 25(4) of the Customs Act is declared as arbitrary and contrary to section 25(1) and (2A) of the Customs Act. Accordingly, the present writ petition stands allowed.

Outsourcing solutions to Indian subsidiary doesn’t result in creation of PE

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Delhi High Court held that outsourcing solutions including transaction processing services and Internet/voice-based customer care services for its clients to subsidiary in India doesn’t result in creation of Permanent Establishment [PE] in India under India-USA DTAA.

Deduction Disallowance Remanded Because Net Impact Was Nil

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The issue concerned a large Schedule BP deduction disallowed under section 37. The Tribunal held that prima facie the amounts were both added and allowed in the return, warranting fresh verification by the Assessing Officer.

Contribution to assets of corporate debtor upheld as business of Corporate Debtor carried to defraud creditors

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NCLAT Delhi upholds order of Adjudicating Authority directing contribution to the assets of corporate debtor since it is clearly established that business of corporate debtor was carried on with intent to defraud creditors of corporate debtor.

12AB Registration Restored Due to Denial of Proper Hearing

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The issue was rejection of charitable registration for alleged non-compliance. The Tribunal held that an ex parte rejection without adequate opportunity warrants remand for fresh consideration.

Employee Alienation at Work: Why Engagement Fails and How to Fix It

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The piece explains the root causes of employee alienation and its impact on productivity. It highlights leadership, empowerment, and inspiration as practical remedies.

Reassessment Quashed Because Section 148 Notice Was Time-Barred

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The issue was whether a reassessment notice issued in July 2022 for AY 2015-16 was valid. The Tribunal held it to be barred by limitation, rendering the entire reassessment void.

Demonetisation Cash Deposit Addition Quashed for Recorded Sales Evidence

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The issue was whether cash deposits during demonetisation could be taxed as unexplained. The Tribunal held that when sales are recorded in books, audited, and reflected in VAT returns, section 68 cannot be invoked on mere probability.

RBI (Commercial Banks – Credit Risk Management) – Amendment Directions, 2026

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The amendment directions comprehensively redefine related parties and tighten governance around loans to insiders. Banks must follow stricter limits, approvals, and monitoring to prevent conflicts of interest and concentration risk.

RBI (Small Finance Banks – Credit Risk Management) – Amendment Directions, 2026

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The amended directions introduce stricter definitions, prohibitions, and Board-level controls over related party lending by Small Finance Banks. Asset-based thresholds, recusal norms, and strong enforcement measures aim to curb conflicts of interest from April 2026.

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