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Archive: June, 2026

Posts in June, 2026

ITAT Deletes Section 40(a)(ia) Disallowance as Payments Stayed Below TDS Threshold

June 28, 2026 117 Views 0 comment Print

The ITAT Chandigarh held that no TDS was deductible where professional fees paid to each payee were below the statutory threshold. It also deleted the branch stock addition after finding that the unsold stock represented an amount recoverable from the branch and not taxable income.

ITAT Deletes AMP TP Adjustment as No International Transaction Existed

June 28, 2026 84 Views 0 comment Print

The Tribunal held that AMP expenditure incurred in India without any agreement or arrangement with the foreign AE cannot be treated as an international transaction. It also directed the AO to allow set-off of brought-forward business losses and unabsorbed depreciation in accordance with law.

ITAT Sets Aside 12AB Registration Rejection Due to Absence of Specific Statutory Violation

June 28, 2026 144 Views 0 comment Print

The ITAT held that registration under Section 12AB could not be rejected without identifying a specific “specified violation” under the statutory framework. It remanded the matter for fresh examination after finding the order lacked clear and reasoned findings.

ITAT Restores Section 10AA Deduction as CPC Withdrew Claim Without Reasons

June 28, 2026 75 Views 0 comment Print

ITAT Mumbai held that the CPC could not withdraw an already allowed Section 10AA deduction through rectification without recording reasons. The Tribunal restored the deduction after finding no material justifying the action.

Calcutta HC Quashes PCIT Order as CBDT Alone Could Decide Form 10-IC Delay for AY 2024-25

June 28, 2026 105 Views 0 comment Print

The Calcutta High Court held that the PCIT was not authorised to condone the delay in filing Form 10-IC for AY 2024-25 as the applicable CBDT circular covered only earlier assessment years. The Court quashed the order and directed the petitioner to approach the CBDT.

Draft Assessment Order Under Faceless Assessment Only for Eligible Assessees: Kerala HC

June 28, 2026 141 Views 0 comment Print

The Kerala High Court held that Section 144B does not require issuance of a draft assessment order to an ordinary assessee. It ruled that the requirement applies only to an eligible assessee as defined under the Income Tax Act.

NCLT Admits Section 7 Plea as DRT Recovery Certificate Created Fresh Cause of Action

June 28, 2026 78 Views 0 comment Print

The NCLT held that a DRT Recovery Certificate provides a fresh cause of action, making the Section 7 application filed within three years maintainable. It admitted the CIRP after finding that financial debt and default were established.

NCLT Dispenses with Shareholders’ Meetings Due to Unanimous Affidavit Consents

June 28, 2026 99 Views 0 comment Print

The NCLT held that consent letters alone were insufficient for dispensing with the secured creditors’ meeting. It directed the meeting to be convened while granting dispensation for other stakeholder meetings where affidavit-based consents were available.

Kerala HC Questions NCLT’s Power to Impose ₹1 Lakh Per Day for Non-Compliance

June 28, 2026 99 Views 0 comment Print

The Kerala High Court held that although the NCLT order was recorded as a consent order, the petitioner could challenge the portion imposing ₹1 lakh per day for non-compliance. The Court granted time to file an appeal before the appellate tribunal.

CIT(A) Cannot Dismiss Appeal for Non-Prosecution as Law Requires Decision on Merits

June 28, 2026 123 Views 0 comment Print

The ITAT held that the CIT(A) has no power to dismiss an appeal merely for non-prosecution. The appellate authority must adjudicate every appeal on merits and provide reasons as required under Section 250(6).

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