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Archive: January, 2026

Posts in January, 2026

Incorrect AOC-4 Filing Attracts Penalty Despite Rectification Request

January 17, 2026 408 Views 0 comment Print

The ROC held that filing an AOC-4 form with an incorrect AGM date amounts to a completed contravention. Subsequent correction requests do not erase penalty liability under the Companies Act.

ROC: Incorrect AOC-4 Filing Selction Triggers Penalty; Later Rectification Request Not a Defence

January 17, 2026 471 Views 0 comment Print

The ROC held that selecting incorrect options in statutory filings amounts to a completed contravention. Later requests to mark the form defective do not remove penalty liability.

Agricultural Income Estimation Scaled Down: ITAT Rajkot Restricts Addition to ₹50,000 on Ad-hoc Basis

January 17, 2026 3333 Views 0 comment Print

The Tribunal found that estimating agricultural income solely on standard yield figures ignores real-world farming variables. The assessment was partly modified by limiting the addition to ₹50,000.

Sixth Pay Commission Salary Provision Allowed as Ascertained Liability

January 17, 2026 522 Views 0 comment Print

The Tribunal examined whether provision for salary arrears arising from the Sixth Pay Commission was contingent or accrued. It held that the liability had accrued for services rendered and was allowable as an ascertained liability.

VAT Addition Deleted as Section 43B Held Inapplicable: ITAT Delhi

January 17, 2026 615 Views 0 comment Print

The Tribunal ruled that VAT collected but not credited to the profit and loss account cannot be treated as taxable income. Once substantially paid to the government, such liability cannot be added again as trading receipts.

Reassessment Invalid Without Section 143(2) After Return u/s 148: ITAT Pune

January 17, 2026 2571 Views 0 comment Print

The issue was whether reassessment remains valid when no Section 143(2) notice is issued after a return is filed in response to Section 148. ITAT held such reassessment void, confirming that Section 143(2) is a mandatory jurisdictional requirement.

Capital Gains Set Aside Due to Failure to Refer Valuation to DVO: ITAT Pune

January 17, 2026 909 Views 0 comment Print

The Tribunal held that when the Assessing Officer disagrees with FMV supported by a registered valuer, a reference to the DVO is mandatory. Reliance solely on stamp duty rates was found improper, and the matter was remanded for fresh valuation.

Government Subsidy under Package Scheme of Incentive, 2007 treated as income liable to tax

January 17, 2026 543 Views 0 comment Print

ITAT Pune held that subsidy received from Maharashtra Government under the Package Scheme of Incentives, 2007 is to be treated as income liable to be taxed for the year under consideration. Accordingly, order of CIT(A) upheld and appeal dismissed.ITAT Pune held that subsidy received from Maharashtra Government under the Package Scheme of Incentives, 2007 is to be treated as income liable to be taxed for the year under consideration. Accordingly, order of CIT(A) upheld and appeal dismissed.

Demonetisation Cash Deposits: Section 68 Addition Partly Upheld by ITAT Pune

January 17, 2026 624 Views 0 comment Print

The issue was whether cash deposited during demonetisation was fully explainable from business receipts. ITAT held that explanations were partly unreliable and sustained 50% of the addition under Section 68.

TP adjustment deleted as recharacterization of business not warranted

January 17, 2026 462 Views 0 comment Print

ITAT Chennai held that recharacterization of business from ‘software development service provider’ to ‘contract R&D service provider’ not justifiable as BAPA and TPO’s earlier assessment accepted characterisation of the Assessee to be a Software Development service provider. Hence, upward transfer pricing adjustment deleted.

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