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Reversal of Unclaimed MSMED Interest Cannot Trigger Tax Addition

January 8, 2026 309 Views 0 comment Print

The ITAT held that reversal of MSMED Act interest cannot be taxed if the provision was never claimed as a deduction. The matter was remanded for verification, with directions to delete the addition if the claim is confirmed.

Section 271(1)(c) Penalty Deleted for Revenue-Neutral Loss Claim

January 8, 2026 363 Views 0 comment Print

The ITAT held that penalty cannot be imposed where a capital loss claim was voluntarily withdrawn during assessment. Since no tax benefit was availed, the case did not attract section 271(1)(c).

Interest on Land Acquisition Compensation Taxable as Capital Receipt

January 8, 2026 1557 Views 0 comment Print

The dispute concerned the head of taxation for interest received on enhanced land compensation. The Tribunal ruled that Section 28 interest is an accretion to compensation and cannot be assessed as income from other sources.

Aggregated Cash Payments Cannot Trigger Section 40A(3) Disallowance

January 8, 2026 567 Views 0 comment Print

The ITAT held that cash expenditure cannot be disallowed merely by aggregating payments. Since no payment to any person on a single day crossed the statutory limit, the disallowance was deleted.

Interest-Free Loan Transfer Pricing Adjustment Invalid Without Any Profits

January 8, 2026 483 Views 0 comment Print

The issue was whether interest-free loans to group entities warranted transfer pricing adjustment. The Tribunal held that since business had not commenced and no income was earned, the adjustment was unsustainable.

Section 80P Claim Sent Back as Return Delay May Be Condoned

January 8, 2026 582 Views 0 comment Print

The dispute arose from CPC denial of deduction due to late return filing. The Tribunal restored the matter, holding that the Assessing Officer must act based on the CCIT’s condonation decision.

Survey-Based Additions Set Aside Due to Lack of Effective Hearing

January 8, 2026 207 Views 0 comment Print

The ITAT held that additions based on survey material cannot be sustained without proper opportunity of hearing. The matter was remitted for fresh adjudication after finding violation of natural justice.

Section 68 Addition Quashed for Exceeding Limited Scrutiny Scope: ITAT Mumbai

January 8, 2026 729 Views 0 comment Print

The issue was whether the Assessing Officer could invoke section 68 in a limited scrutiny case focused on share premium under section 56(2)(viib). The Tribunal held that, without mandatory approval to expand scrutiny, the addition was legally unsustainable.

Interim Relief Survives as Arbitration Commences on Section 21 Notice: SC

January 8, 2026 672 Views 0 comment Print

The issue was whether interim protection lapses if a Section 11 petition is filed beyond 90 days. The Supreme Court held that arbitration commences on receipt of notice under Section 21, preserving interim relief under Section 9(2).

Arbitral Award Restored as Appellate Court Exceeded Section 37 Scope

January 8, 2026 558 Views 0 comment Print

The issue was whether the High Court could interfere with an arbitral award upheld under Section 34. The Supreme Court held that Section 37 jurisdiction is limited and cannot re-examine merits or reinterpret the contract.

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