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Archive: January, 2026

Posts in January, 2026

Penalty u/s 271AAC cannot survive once Section 69 addition is deleted in quantum

January 22, 2026 894 Views 0 comment Print

The penalty was levied solely on the basis of an alleged unexplained investment under Section 69. Since the quantum addition was fully deleted, the Tribunal ruled that the penalty automatically collapses.

Section 271(1)(c) Penalty Invalid for Non-Specification of Charge: ITAT Agra

January 22, 2026 498 Views 0 comment Print

The issue was whether retaining both limbs of Section 271(1)(c) in the notice renders the penalty void. The Tribunal ruled that failure to strike off the inapplicable limb vitiates the proceedings. Penalties must be founded on precise allegations.

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

January 22, 2026 2151 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 549 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 363 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 423 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 504 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 1053 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 252 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 333 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.

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