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Time-Barred Section 138 Complaint Cannot Be Entertained First

January 7, 2026 627 Views 0 comment Print

The judgment clarifies that courts must first be satisfied about sufficient cause for delay before entertaining a belated cheque bounce complaint. Any reverse procedure violates Section 142 of the NI Act.

One FIR Upheld to Avoid Multiplicity in Large Investor Fraud Cases

January 7, 2026 825 Views 0 comment Print

The ruling emphasizes that registering numerous FIRs in mass fraud cases is unnecessary and burdensome. Courts must focus on whether the acts constitute the same transaction under criminal procedure law.

Resolution Plan Does Not Extinguish Third-Party Rights Unless Debt Paid

January 7, 2026 840 Views 0 comment Print

The Supreme Court held that an undertaking to arrange fund infusion does not amount to a guarantee under contract law. Without a clear promise to discharge the borrower’s debt, no liability can be enforced against the promoter.

On-Money Gross Receipts Not Taxable, Only Profit Can Be Assessed

January 6, 2026 3735 Views 0 comment Print

The Revenue sought to tax total on-money collected under section 69A. The ITAT ruled that on-money forms part of business receipts and must be assessed on a profit basis. The key takeaway is that taxation cannot ignore unaccounted expenses linked to such receipts.

Bogus Purchase Addition Deleted Where Documentary Evidence Supports Transactions

January 6, 2026 951 Views 0 comment Print

ITAT Mumbai held that alleged bogus purchases cannot be disallowed when the assessee provides invoices, receipts, bank proofs, and GST compliance. The ruling confirms that suppliers’ non-filing alone is insufficient for disallowance.

Accommodation Entries Taxable Only on Commission, Not Gross Credits

January 6, 2026 7806 Views 0 comment Print

The Revenue sought to reopen completed assessments under section 153A without fresh incriminating evidence. The Tribunal ruled that such additions are barred, following Kabul Chawla and Abhisar Buildwell.

ITAT Kolkata Upholds Reopening & Sustains ₹1 Cr Addition u/s 68 on Alleged Accommodation Entry

January 6, 2026 2571 Views 0 comment Print

The Tribunal upheld reassessment based on Investigation Wing material alleging accommodation entries. It ruled that such tangible inputs justified reopening despite a completed scrutiny assessment.

CPC Overreach Struck Down for Blanket Expense Disallowance

January 6, 2026 561 Views 0 comment Print

The Tribunal held that delayed filing of an audit report cannot justify wholesale disallowance of expenses at the CPC processing stage. Such action falls outside the limited scope of Section 143(1) adjustments.

Notice Invalid as Approval Under Section 151(ii) Was Defective: ITAT Raipur

January 6, 2026 735 Views 0 comment Print

The Tribunal held that reassessment initiated beyond three years requires approval from the Principal Chief Commissioner or Chief Commissioner. Sanction granted by the PCIT was invalid, rendering the entire reassessment void.

Form 35 Defect Curable, Dismissal Without Hearing Set Aside

January 6, 2026 468 Views 0 comment Print

The appeals were rejected without examining additions made by the Assessing Officer. The Tribunal emphasized that appellate remedies cannot be defeated by procedural technicalities and restored the cases.

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