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Archive: January, 2026

Posts in January, 2026

Section 87A Rebate Cannot Be Denied for STCG and LTCG: ITAT Indore

January 22, 2026 5715 Views 0 comment Print

The Tribunal held that Section 87A rebate applies to STCG and LTCG taxed under Sections 111A and 112 when income is within ₹7 lakh. The denial based on system logic and future amendments was rejected.

Plaint Rejected: NCLT, Not Civil Court, Has Jurisdiction over Debt & Fraud: Delhi HC

January 22, 2026 630 Views 0 comment Print

Delhi High Court held that issues relating to debt and fraud is within the jurisdiction of NCLT to be determined in accordance with IBC. Resultantly, the power of a civil court to entertain the present suit is, therefore, statutorily barred. Accordingly, the plaint is rejected.

NCLT Cannot Decide Trademark Title Disputes Dehors Insolvency Process: SC

January 22, 2026 3573 Views 0 comment Print

The issue was whether the NCLT could declare ownership of a trademark during CIRP. The Supreme Court held that title disputes not arising directly from insolvency fall outside Section 60(5) jurisdiction.

Auditing in Dubai’s Gems & Jewellery Industry: Key Challenges with their Solutions

January 22, 2026 765 Views 0 comment Print

The article explains how evolving regulations and global reporting standards affect jewellery audits. It concludes that continuous professional training and auditor–management coordination are vital.

Turnover Suppression Found, But Only Profit Element Taxable: ITAT Patna

January 22, 2026 447 Views 0 comment Print

The Tribunal held that while fee suppression was established during survey proceedings, the entire difference could not be taxed. Only the gross profit on suppressed receipts, excluding GST, is chargeable to tax.

No Adverse Inference Allowed Without Rejecting Books or Stock Records

January 22, 2026 417 Views 0 comment Print

The decision reiterates that when books of account, sales, and inventory are accepted, purchase disallowances cannot be made mechanically. Suspicion cannot replace proof in tax proceedings.

Section 143(3) Order Invalid as Assessment Had Abated on Search Date

January 22, 2026 945 Views 0 comment Print

The Tribunal ruled that completion of assessment after search, despite statutory abatement, is impermissible. Jurisdiction shifts exclusively to Section 153A proceedings.

Corpus Fund Withdrawal Not Taxable When Used for Charitable Objects: ITAT Chennai

January 22, 2026 1065 Views 0 comment Print

The issue was whether utilisation of corpus donations for expenditure converts them into taxable income. The Tribunal held that corpus retains its exempt character when used as per donor directions and trust deed.

Reassessment Beyond 3 Years Upheld as Escapement Exceeded ₹50 Lakh — Cash Deposits u/s 69A

January 22, 2026 315 Views 0 comment Print

The issue was whether reassessment after three years was barred by limitation. The Tribunal held it valid since the escaped income exceeded ₹50 lakh, attracting the extended reopening window.

Section 270A Penalty Deleted for Suo Motu Withdrawal of Education Cess Claim

January 22, 2026 669 Views 0 comment Print

The tribunal held that penalty under Section 270A cannot be levied where the assessee voluntarily withdrew the education cess claim after a retrospective amendment. A bona fide claim made on prevailing judicial views does not amount to under-reporting or misreporting.

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