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Archive: January, 2026

Posts in January, 2026

Why No Democratic Spirit In Distribution Of High Court Benches In India?

January 19, 2026 264 Views 0 comment Print

The article highlights how High Court Benches are unevenly allotted across States, leaving large regions without accessible courts. It underscores how this disparity undermines equality and access to justice.

Section 68 Addition on Unsecured Loans Deleted After Rule 46A Evidence

January 19, 2026 333 Views 0 comment Print

The AO treated loans as unexplained due to incomplete confirmations. The Tribunal confirmed deletion after remand proceedings verified lenders’ identity, capacity, and transaction genuineness.

Reassessment Quashed for Using Wrong Provision Instead of Search Route

January 19, 2026 495 Views 0 comment Print

The reassessment was struck down because it relied exclusively on third-party search material. The ruling clarifies that section 153C, not section 147, must be invoked where incriminating evidence emerges from another persons search.

Delhi HC Refuses to Recall Bail in GST Evasion Case, Finds No Perversity in Bail Order

January 19, 2026 279 Views 0 comment Print

Delhi High Court held that recalling bail order in GST evasion on account of clandestine manufacture and sale of banned gutka denied since there is no perversity in the order. Further, there is nothing to show that he is a flight Risk or there is any likelihood of his influencing the witnesses or tampering the evidence.

ITAT Delhi Restores Section 57(iii) Interest Claim: Rule of Consistency to Be Examined

January 19, 2026 384 Views 0 comment Print

A Section 57(iii) interest claim was rejected solely due to the loan’s classification as a home loan. The tribunal held that if allowed earlier, the same view must prevail unless facts change.

ITAT Delhi Restricts Section 69A Addition to ₹10 Lakh on Liquor Sale Cash Deposits

January 19, 2026 726 Views 0 comment Print

The AO had treated all bank cash deposits as unexplained under section 69A. The Tribunal held that regular cash sales explained most deposits and restricted the addition to ₹10 lakh only.

263 Revision Invalid: Protective Assessment Permissible When Substantive Addition Already Done

January 19, 2026 480 Views 0 comment Print

The Tribunal held that a protective addition cannot be termed erroneous when the same income has already been assessed substantively in another case. The twin conditions of error and prejudice under section 263 were not satisfied.

Penalty for Failure to File MGT-14 for Board Resolution Approval

January 19, 2026 387 Views 0 comment Print

Authorities held that non-filing of Form MGT-14 for approval of accounts violated Section 117 of the Companies Act. The ruling reiterates that filing board resolutions is a mandatory statutory obligation.

Share Premium Addition Deleted as AO Found No Defect in Records

January 19, 2026 273 Views 0 comment Print

The Tribunal ruled that when all statutory documents are on record and unchallenged, section 68 cannot be invoked. Suspicion cannot substitute proof in share capital cases.

Reopening on Share Investment Set Aside Where Source of Funds Was Already Verified

January 19, 2026 255 Views 0 comment Print

The issue was whether reassessment could be initiated for an amount implicitly accepted in original assessment. The Tribunal ruled that reopening amounted to change of opinion and was legally unsustainable.

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