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Income Tax Appeal Delay Condoned Due to Counsel Negligence Shown Through WhatsApp Chats

January 21, 2026 1293 Views 0 comment Print

The Tribunal held that documented WhatsApp communications established counsel’s negligence and the assessee’s due diligence, justifying condonation of delay. The matter was restored for fresh adjudication to ensure substantial justice.

Section 74 GST SCN Only States Figures Without Fraud/Suppression Allegation: SC Grants Stay

January 21, 2026 8991 Views 4 comments Print

The Court held that Section 74 SCNs lacking factual narration of fraud or suppression are deficient. The key takeaway is that numbers alone cannot justify penal proceedings.

WhatsApp Chats Between Third Parties Not Evidence Against Company Without Corroboration

January 20, 2026 4062 Views 0 comment Print

The addition was set aside as no cash was found, traced, or shown to be received by the assessee. Mere suspicion or inference cannot substitute proof under section 69A.

Analysis of Notifications and Circulars for Week ending 18th January 2026

January 20, 2026 1605 Views 0 comment Print

This summary captures major notifications and court rulings issued during the week. The key takeaway is heightened regulatory clarity across taxation, markets, and foreign exchange.

Section 54F Deduction Allowed Despite Builder’s Delay in Possession: ITAT Delhi

January 20, 2026 3558 Views 0 comment Print

The Tribunal upheld exemption where the assessee invested the entire capital gain within time but possession was delayed due to builder-related litigation. The ruling confirms that investment, not possession, is the key requirement under Section 54F.

Delhi HC Slams Arbitrary Income Tax Reopening, ₹1 Lakh Cost per Case

January 20, 2026 4539 Views 0 comment Print

The court held that reopening an assessment on the same facts amounts to an impermissible change of opinion. Arbitrary second reassessment notices were quashed with ₹1 lakh costs imposed to deter harassment.

GSTAT Orders Lenient Scrutiny of Appeals Filed on New Portal

January 20, 2026 3735 Views 0 comment Print

The tribunal has instructed registries not to flag defects of form that do not affect merits. This eases compliance during early portal usage.

Cheque Tampering Not a Defence: Material Alteration Still Attracts Section 138; J&K&L HC

January 20, 2026 1455 Views 0 comment Print

While alteration of the cheque amount is a material alteration under law, the court ruled that consent and responsibility for alteration are factual questions. The complaint was not quashed at the pre-trial stage.

Can Penalty be Levied on Delayed Annual GST Return?

January 20, 2026 18768 Views 2 comments Print

The court held that once late fee is imposed for delayed annual return filing, a further general penalty is not permissible. Section 125 applies only where no specific penalty exists.

Excess Stock ≠ Confiscation: SC Settles GST Section 130 Misuse Debate

January 20, 2026 4584 Views 0 comment Print

The Supreme Court upheld that mere excess stock found during inspection is insufficient for confiscation under Section 130. Tax must be assessed through Section 35(6) read with Sections 73 or 74, ensuring due process.

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