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Archive: January, 2026

Posts in January, 2026

Section 69 Cannot Be Invoked for Recorded Share Investments Merely for Premium Mismatch

January 23, 2026 2454 Views 0 comment Print

The issue was whether a recorded share investment can be treated as unexplained under Section 69. The Tribunal held that once an investment is recorded in the books and its source is not doubted, Section 69 cannot be invoked.

Survey Disclosure Accepted in Return Cannot Trigger Section 270A Penalty: ITAT Mumbai

January 23, 2026 630 Views 0 comment Print

The issue was whether income disclosed during survey and duly reported in the return can attract penalty under Section 270A. The Tribunal held that when returned income equals assessed income, penalty provisions do not apply.

₹2 Crore Section 69 Addition Quashed Due to Uncorroborated Loose Sheets

January 23, 2026 468 Views 0 comment Print

The Tribunal ruled that reopening beyond six years is invalid without a recorded satisfaction of undisclosed assets exceeding ₹50 lakh. The takeaway is strict compliance with the fourth proviso to section 153A is mandatory.

Guidelines on Reinvestment of Returned and Pending Amounts into PRANs

January 23, 2026 621 Views 0 comment Print

The regulator expands reinvestment eligibility to additional pending and returned NPS/APY transactions, ensuring continued market-linked returns for subscribers.

Reassessment Addition Based Solely on Retracted Third-Party Statements Quashed: ITAT Mumbai

January 23, 2026 555 Views 0 comment Print

The reassessment relied entirely on allegations arising from a search on another entity. The Tribunal ruled that additions cannot survive without independent evidence directly linking the assessee.

DGFT Announced Second Round of Gold TRQ Allocation for India–UAE CEPA

January 23, 2026 1341 Views 0 comment Print

The trade authority has opened a fresh competitive bidding round for gold imports under India–UAE CEPA for FY 2025-26. The move enables utilisation of the remaining quota through an e-auction process with revised eligibility norms.

Reassessment Quashed for Failure to Record Reasons Under Section 148: ITAT Mumbai

January 23, 2026 324 Views 0 comment Print

The issue was whether reassessment is valid when reasons for reopening are not placed on record. The Tribunal held that non-recording of reasons under Section 148(2) vitiates jurisdiction, rendering the reassessment void.

ITAT Hyderabad Condoned 506-Day Delay; Ad Spend Allowed; Alleged Coerced Share Sale Ground Admitted

January 23, 2026 285 Views 0 comment Print

The Tribunal condoned a 506-day delay after accepting that the appeal was filed only when heavy penalty exposure created prosecution risk. The key takeaway is that bona fide reliance on legal advice and later developments can constitute sufficient cause for condonation.

Registration of FME – Non-Retail in Gift City SEZ / IFSC

January 23, 2026 564 Views 0 comment Print

This explains how the Non-Retail FME framework in GIFT City allows fund managers to access global capital with tax efficiency. The key takeaway is that IFSC provides a regulated, investor-friendly hub for institutional fund management.

Loose Sheets + Retracted Statement Not Enough for 69A On-Money Addition: ITAT Chennai

January 22, 2026 858 Views 0 comment Print

The issue was whether third-party diaries and loose papers could establish receipt of unaccounted income. The Tribunal ruled that such papers, without authorship verification or corroboration, cannot fasten tax liability. 

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