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Archive: January, 2026

Posts in January, 2026

ITAT Mumbai Allowed Section 54F Claim in Appeal although Not Made in Return

January 22, 2026 1680 Views 0 comment Print

It was ruled that the bar on fresh claims applies only to assessing officers, not appellate bodies. A valid Section 54F claim must be examined on merits during appeal.

Assessment Held Void for Skipping Statutory Notice Under Section 143(2): ITAT Agra

January 22, 2026 309 Views 0 comment Print

This case involved reassessment completed without serving the mandatory scrutiny notice. The Tribunal ruled that such omission is not a curable defect and invalidates the proceedings. The decision reinforces strict adherence to statutory safeguards.

ITAT Mumbai Rejected TDS on Stake Money Despite Section 194B Amendment:

January 22, 2026 138 Views 0 comment Print

The issue was whether stake money paid to horse owners attracts TDS under Sections 194B or 194BB. The Tribunal held that stake money is distinct from betting winnings and deleted the Section 201 tax and interest demand.

12AB Denial Set Aside for Foreign Studies Grant; Funds Applied in India; Delay Condoned

January 22, 2026 237 Views 0 comment Print

It was ruled that funds paid in India to a student remain an application in India under Section 11. Utilisation of the grant outside India does not violate charitable exemption provisions.

ITAT Ahmedabad: CIT(A) Order Vitiated for Mixing Two Years’ Facts; Remanded

January 22, 2026 327 Views 0 comment Print

It was ruled that deciding appeals based on facts of another year is a serious legal error. The matter was sent back for reconsideration on correct facts.

Patna HC Set Aside Motorcycle Confiscation for Lack of Proper Notice in Excise Case

January 22, 2026 939 Views 0 comment Print

The Court quashed a confiscation order after finding no proof of personal notice to the owner. The ruling underscores that meaningful notice and opportunity are mandatory before confiscation.

ITAT Agra: 20% Adhoc Expense Disallowance Deleted; Overdue Interest Remanded; 36(1)(viia) Deduction Restored

January 22, 2026 141 Views 0 comment Print

The case questioned whether a cooperative banks audited expenses could be disallowed on a percentage basis for alleged non-compliance. The Tribunal ruled against arbitrary disallowance without defects in accounts. 

Section 68 Addition Quashed as Cash Source Was Fully Traceable: ITAT Agra

January 22, 2026 135 Views 0 comment Print

This case involved a ₹1 crore cash deposit treated as unexplained by tax authorities. The Tribunal ruled that since the deposit was sourced from earlier withdrawals, the addition was unsustainable.

Partner Capital & Loan Sec 68 Additions Quashed; Identity/Creditworthiness/Genuineness Proved

January 22, 2026 108 Views 0 comment Print

It was held that documented capital contributions supported by affidavits, bank records, and land evidence are explained credits. Assessing authorities cannot disregard undisputed financial capacity.

Closing a UAE Company? License Expiry Alone Is Not Enough

January 22, 2026 195 Views 0 comment Print

Simply stopping operations or letting a license lapse does not close a UAE company. Formal license cancellation and VAT deregistration are both mandatory to avoid penalties.

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