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Section 29A Mandate Can Be Extended Even After Award – Late Award Is Unenforceable, Not Void

February 6, 2026 519 Views 0 comment Print

Supreme Court held Section 29A time can be extended even after a delayed arbitral award; late award is unenforceable, not void, and mandate extension remains permissible.

No TDS on Overseas Commission; Section 40(a)(i) Disallowance Deleted, Revenue Appeal Dismissed

February 6, 2026 693 Views 0 comment Print

The case examined whether commission paid to overseas agents attracts TDS and disallowance. The Tribunal held that services rendered abroad are not chargeable to tax in India, nullifying Section 40(a)(i).

Article 227 Cannot Be Used to Strike Off Plaint When CPC Remedy Exists – SC Restores Suit

February 6, 2026 714 Views 0 comment Print

Supreme Court held High Courts cannot use Article 227 to strike off a plaint when CPC remedies exist; suit restored and defendants directed to pursue Order VII Rule 11 CPC.

Borrowed Satisfaction from Insight Portal Invalid; Re-opening Section 68 Addition Quashed

February 6, 2026 735 Views 0 comment Print

The issue was whether reopening based only on portal information is valid. The Tribunal held that absence of independent inquiry and tangible material vitiates reassessment and nullifies the addition.

Section 148 Notice Served on 01-04-2021 Invalid; Re-opening Quashed for Non-Compliance with 148A

February 6, 2026 819 Views 0 comment Print

ITAT Surat held reassessment invalid where notice u/s 148, though dated 31-03-2021, was issued on 01-04-2021 without following s.148A procedure; entire reassessment quashed.

Crypto Loan Interest = Cost of Acquisition; Deduction Allowed Despite Section 115BBH

February 6, 2026 924 Views 0 comment Print

The dispute examined whether loan interest used to buy virtual digital assets could be deducted. The ruling held that such interest forms part of cost of acquisition and is allowable despite Section 115BBH restrictions.

143(1) Adjustment Without Prior Intimation Invalid; CPC Action Quashed

February 6, 2026 966 Views 0 comment Print

The tribunal held that any adjustment while processing a return under Section 143(1) requires prior intimation to the assessee. Disallowance made without issuing such notice is invalid in law.

Golden Harvest Scheme Discount ≠ Interest; No TDS U/s 194A, 201 Default Quashed

February 6, 2026 480 Views 0 comment Print

ITAT Lucknow ruled that Golden Harvest Scheme benefit is a sales discount, not interest u/s 2(28A); hence no TDS u/s 194A applies and 201(1)/(1A) demand was quashed.

Commission Agent Theory Accepted; Entire Bank Credits Not Taxable U/s 68

February 6, 2026 756 Views 0 comment Print

The tribunal held that large cash deposits in bank accounts cannot be taxed as unexplained income when the assessee proves he acted only as a commission agent. Only commission income, and not gross deposits, is taxable in such cases.

Repayment of Own Deposit ≠ Deemed Dividend; 2(22)(e) Not Attracted

February 6, 2026 342 Views 0 comment Print

ITAT Ahmedabad held that repayment of a shareholder’s own deposit, even if used for political donation, is not deemed dividend u/s 2(22)(e) as no company funds were advanced.

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