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Archive: January, 2026

Posts in January, 2026

ITAT Pune quashed Penalty u/s. 270A(9) due to failure in specifying applicable limb

January 20, 2026 252 Views 0 comment Print

ITAT Pune held that penalty not leviable under section 270A of the Income Tax Act since show cause notice failed to specify the applicable limb u/s. 270A(9) under which the penalty was imposed. Accordingly, penalty is quashed and appeal is allowed.

Rectification of inadvertent error in GST returns permitted as there is no loss to revenue

January 20, 2026 201 Views 0 comment Print

Gujarat High Court held that amendment/ rectification of inadvertent error in GST returns [Form GSTR-1 and GSTR-3B] is permissible if no loss to revenue would be caused. Accordingly, petition is allowed and returns are permitted to be amended.

Special Income Tax Audit Without Valid DIN-Based Approval Void Ab Initio: Bombay HC

January 20, 2026 288 Views 0 comment Print

The Bombay High Court ruled that a special audit under Section 142(2A) cannot stand where the mandatory approval lacks a DIN. The absence of DIN renders the approval non-existent in law, making the entire proceedings void from inception.

Interest on IGST Refund Can’t Be Rejected on Jurisdiction Ground: Bombay HC

January 20, 2026 159 Views 0 comment Print

The court held that rejection of IGST refund interest on jurisdictional grounds could not defeat a diligent claim and allowed the taxpayer to approach the GST appellate authority without facing limitation hurdles.

NCLAT Chennai Rejected EPFO Claim Due to 953-Day Delay before liquidator

January 20, 2026 189 Views 0 comment Print

NCLAT upheld rejection of a claim filed nearly three years late during liquidation. The ruling confirms that inordinate delays without valid explanation cannot be condoned.

ITAT Delhi Set Aside Section 153C Orders for Exceeding Ten-Year Block

January 20, 2026 75 Views 0 comment Print

The ITAT held that assessments framed beyond the permissible ten-year block under Section 153C are without jurisdiction. Since the satisfaction note fixed the deemed search year later, earlier years were invalidly assessed.

Penalty Upheld for Failure to Maintain Board & AGM Minutes despite Flood damage

January 20, 2026 4419 Views 0 comment Print

The authority held that non-maintenance of statutory minutes attracts a fixed penalty even if records were destroyed due to unforeseen events. Flood damage was treated as mitigation, not a defence to statutory liability.

NCLT Dismissed Petition for Failure to Prove Oppression & Mismanagement

January 20, 2026 12807 Views 0 comment Print

The Tribunal examined allegations of oppression and mismanagement and found no supporting material. The petition was dismissed in limine, reaffirming that mere assertions without substantiation cannot sustain such proceedings.

Manual Section 143(2) Notices Without DIN Invalid: ITAT Delhi

January 20, 2026 669 Views 0 comment Print

The Tribunal ruled that absence of DIN on Section 143(2) notices vitiates jurisdiction under Section 147. All reassessment orders were quashed as legally unsustainable.

Demonetisation Cash Deposits: ITAT Cuts Section 68 Addition to ₹2 Lakh as Books Not Rejected

January 20, 2026 147 Views 0 comment Print

The Tribunal directed normal taxation, holding that Section 115BBE could not be invoked for the year involved. This reinforces the prospective operation of the higher tax regime.

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