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Archive: January, 2026

Posts in January, 2026

Vivad Se Vishwas Opted but Tax Payment Doubtful: ITAT Rajkot Restores Matter to AO for Verification

January 19, 2026 384 Views 0 comment Print

The case examined whether an appeal dismissed as withdrawn under the Vivad Se Vishwas Scheme could survive when tax payment was uncertain. The Tribunal ruled that actual payment must be verified and remanded the matter for fresh examination. 

Addition u/s 69 Restored to AO to Verify ‘Rotation of Funds: ITAT Jodhpur

January 19, 2026 159 Views 0 comment Print

The addition under Section 69 was remanded as the assessee claimed the source through rotation of funds. The Assessing Officer must now verify the fund flow after granting proper hearing.

Writ jurisdiction under Article 226 not exercised in absence of any perversity: Delhi HC

January 19, 2026 168 Views 0 comment Print

Delhi High Court held that writ jurisdiction under Article 226 of the Constitution of India is not exercisable in absence of any perversity in the order passed by Insolvency and Bankruptcy Board of India. Accordingly, writ petition is dismissed.

Reopening for AY 2015-16 After 01.04.2021 Invalid; Consequential Section 263 Order Also Quashed

January 19, 2026 213 Views 0 comment Print

The Tribunal held that reassessment notices issued after 01.04.2021 for AY 2015-16 are time-barred. Such reopening is invalid despite reliance on TOLA, and must be quashed.

Survey Statement Alone Insufficient to Justify Tax Additions: Chhattisgarh HC

January 19, 2026 462 Views 0 comment Print

The court held that additions for excess stock and cash cannot be sustained when based solely on a survey statement under Section 133A, reaffirming that such statements lack conclusive evidentiary value.

Section 80IB(11A) Deduction Cannot Be Denied for Late Filing of Form 10CCB: ITAT Dehradun

January 19, 2026 231 Views 0 comment Print

The Tribunal held that late filing of Form 10CCB is a procedural lapse. Deduction cannot be denied when the audit report is filed before assessment processing.

Penalty u/s 272A(1)(d) Deleted: Notices Sent to Wrong Email ID Constitute Sufficient Cause

January 19, 2026 225 Views 0 comment Print

Holding that actions prescribed by statute must be performed only in the specified manner, the Tribunal deleted the penalty. The case reinforces the importance of lawful service of notices before penal action.

ITAT Chandigarh Restored Appeal to CIT(A) Due to Denial of Hearing Opportunity

January 19, 2026 96 Views 0 comment Print

The tribunal held that dismissal for delay and confirmation on merits without effective hearing violated principles of natural justice, warranting remand for fresh adjudication.

Reassessment Quashed Due to Invalid Section 151 Sanction: Bombay HC

January 19, 2026 432 Views 0 comment Print

The Court held that sanction for reopening was taken under the wrong statutory provision. As a result, the reassessment notice and all consequential orders were set aside.

Enhanced Land Compensation & Interest Taxable u/s 56(2)(viii) with 50% Section 57 Deduction

January 19, 2026 408 Views 0 comment Print

The Tribunal upheld taxation of enhanced compensation and interest under land acquisition after insertion of section 56(2)(viii). The ruling confirms that such receipts are taxable despite earlier judicial views.

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