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Archive: March, 2026

Posts in March, 2026

ITAT Mumbai Denied Section 80JJAA Deduction as Claim Not Made in Original Return

March 2, 2026 2178 Views 0 comment Print

ITAT Mumbai held that deduction under Section 80JJAA cannot be allowed when not claimed in the original return of income. Section 80A(5) bars such belated claims raised for the first time before appellate authorities.

Rs. 50 Lakh LIC Investment Treated as Unexplained Due to Failure to Prove HUF Source

March 2, 2026 747 Views 0 comment Print

The Tribunal upheld addition under Section 69 as the assessee failed to establish that the LIC investment belonged to the HUF. Mere assertion of agricultural income without documentary evidence was held insufficient.

Customs Confiscation Order Quashed for Failure to Issue Mandatory Section 124 SCN

March 2, 2026 549 Views 0 comment Print

The Madras High Court held that issuance of show cause notice under Section 124 of the Customs Act is mandatory before confiscation of goods. Even alleged waiver by the importer cannot override statutory and natural justice requirements.

153A Assessment Quashed Because No Incriminating Material Found in Assessee’s Search

March 2, 2026 393 Views 0 comment Print

ITAT Delhi upheld CIT(A) s order holding that reassessment under Section 153A cannot stand without incriminating material seized from the assessee. The Revenue’s appeal was dismissed.

Benami Attachment Set Aside as Verification Fails to Link Jewellery to Alleged Beneficial Owner

March 2, 2026 333 Views 0 comment Print

The Tribunal quashed the attachment after verification showed only four items matched the alleged seller and no material established benami holding. The provisional attachment under PBPTA was held unsustainable.

Interest Under Section 28 of Land Acquisition Act Not Taxable as ‘Other Sources’: ITAT Delhi

March 2, 2026 921 Views 0 comment Print

ITAT Delhi held that interest awarded under Section 28 is an accretion to compensation and cannot be taxed as income from other sources. The appeal was allowed following Supreme Court precedent.

Penalty u/s. 114AA of Customs Act set aside in absence of corroborative evidence in fraudulent export syndicate

March 2, 2026 453 Views 0 comment Print

CESTAT Kolkata held that penalty under section 114AA of the Customs Act is not sustainable in absence of cogent, tangible or corroborative evidence linking connection of appellant in fraudulent export by forming a syndicate. Accordingly, appeal is allowed and penalty is set aside.

Section 9 IBC Petition Revived Because Post-Section 10A Defaults Exceeded ₹1 Crore Threshold

March 2, 2026 237 Views 0 comment Print

NCLAT held that invoices with default dates beyond the Section 10A period cannot be barred under the COVID suspension provision. The ₹2.36 crore claim was restored for fresh consideration.

Demand notice u/s. 13(2) of SARFAESI is valid notice of invocation of guarantee

March 2, 2026 447 Views 0 comment Print

NCLAT Delhi held that demand notice under section 13(2) of the SARFAESI Act is a valid notice of invocation of personal guarantee for the Insolvency proceeding. Accordingly, appeal is dismissed.

New Duty Framework For Tobacco Products

March 2, 2026 1218 Views 0 comment Print

The Central Excise (Amendment) Act, 2025 restores excise duty powers after the cessation of GST compensation cess. It sharply increases tobacco duties to maintain tax incidence at GST-era levels and prevent products from becoming cheaper.

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