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Archive: January, 2026

Posts in January, 2026

GST Arrest Illegal for Ignoring Mandatory BNSS Procedure: Bombay HC

January 21, 2026 795 Views 0 comment Print

The court held that arrest during a GST investigation was unlawful as mandatory safeguards under the BNSS were not followed. Failure to record reasons for arrest rendered the action invalid.

Official Liquidator’s Recovery Plea Dismissed as Time-Barred Due to 800-Day Delay: Karnataka HC

January 21, 2026 294 Views 0 comment Print

The court examined whether a liquidation recovery application was time-barred. It held that statutory limitation under company law cannot be extended by judicial interpretation.

IEPF Share Recovery: Common Issues Faced by Shareholders

January 21, 2026 1065 Views 0 comment Print

This explains why genuine shareholders face rejection in IEPF claims due to procedural lapses. The key takeaway is that compliance errors, not ineligibility, cause most failures.

No Capital Gains on JDA Without Consideration or Transfer of Possession: ITAT Hyderabad

January 21, 2026 717 Views 0 comment Print

The Tribunal examined whether execution of a development agreement alone triggers capital gains. It held that without consideration or statutory transfer of possession, no capital gains arise.

No Addition in Unabated 153A Assessment Without Incriminating Material: ITAT Kolkata

January 21, 2026 285 Views 0 comment Print

The issue was whether share capital could be added in a completed assessment without seized evidence. The Tribunal held that in an unabated year, additions are barred absent incriminating material.

₹30.90 Cr Section 271(1)(c) Penalty Quashed for Debatable Lease Rent Issue

January 21, 2026 366 Views 0 comment Print

The issue was whether penalty could be imposed for disallowance arising from a disclosed change in lease rent accounting. The Tribunal held that a bona fide, disclosed and debatable claim cannot attract penalty under section 271(1)(c).

IBBI cancels Valuer Registration for Losing Mandatory RVO Membership

January 21, 2026 339 Views 0 comment Print

Registration was cancelled after the valuer ceased to be a member of a Registered Valuers Organisation. Continuous RVO membership is a statutory condition to remain eligible as a registered valuer.

Survey Addition Can’t Be Extrapolated: ITAT Chandigarh Limits Bogus Salary Addition to One Month

January 21, 2026 285 Views 0 comment Print

The Tribunal held that absence of evidence beyond one month bars estimation for the full year. Only the amount directly supported by survey material can be taxed.

Bombay HC directs Income Tax department to allow lawful claims in e-filing utility

January 21, 2026 3660 Views 0 comment Print

The issue was whether the income-tax e-filing utility could prevent an assessee from making a lawful set-off claim. The High Court held that procedural software cannot override statutory rights and directed that such claims must be allowed.

Land Claim Against Company in Liquidation: Delhi HC Grants 2 Weeks to File Originals with OL

January 21, 2026 180 Views 0 comment Print

The Court examined rejection of a liquidation claim for non-filing of originals. It held that the claimant should be given time to submit documents before final consideration.

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