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Archive: January, 2026

Posts in January, 2026

ITAT Dehradun Grants Ad-hoc Relief on Construction Cost for Lack of Full Proof

January 19, 2026 567 Views 0 comment Print

The Tribunal found that full construction cost was not proved with evidence. However, a reasonable ad-hoc allowance was granted considering practical difficulties.

NCLT Holds CGST Superintendent Guilty of Contempt for Non-Refund of Amount Recovered During Moratorium

January 19, 2026 4746 Views 0 comment Print

NCLT Indore held that Superintendent of CGST is guilty of contempt for non-complying with the direction issued by Adjudicating Authority to refund the amount to Corporate debtor that was recovered during moratorium.

Reassessment Quashed Where No Addition Made on Reasons for Reopening: ITAT Dehradun

January 19, 2026 402 Views 0 comment Print

The Tribunal held that reassessment cannot survive when no addition is made on the very issue for which reopening was initiated. Once the recorded reason fails, the entire reassessment collapses.

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

January 19, 2026 723 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The case examined whether an appeal dismissed as withdrawn under the Vivad Se Vishwas Scheme could survive when tax payment was uncertain.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 381 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 399 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 414 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 651 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 495 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 606 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.

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