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Judiciary

Determination of Environment Damage Compensation should be based on Polluting Company’s Turnover

February 6, 2026 381 Views 0 comment Print

Project cost or turnover could constitute a relevant and permissible yardstick for quantification of environmental compensation, provided the determination was reasoned, proportionate and bears a rational nexus to the scale of violations.

Section 80G Approval Saved by 2024 Amendment — Late Filing No Longer Fatal

February 6, 2026 501 Views 0 comment Print

The ruling addressed whether a delayed application could survive after statutory change. The Tribunal directed fresh consideration by applying the liberalized timeline introduced by Finance Act, 2024.

Vivad-Se-Vishwas Didn’t Mature — Appeal Can’t Die by Assumption

February 6, 2026 927 Views 0 comment Print

ITAT Chennai held that merely opting for Vivad-Se-Vishwas does not end an appeal unless settlement is completed; dismissal by assumption was invalid and appeal was restored for merits adjudication.

Gujarat HC Set Aside GST Appeal Rejection for Ignoring Rectification Timeline

February 6, 2026 783 Views 0 comment Print

The High Court held that limitation for filing a GST appeal must be computed after disposal of a rectification application. Rejection of the appeal without examining this aspect was found invalid.

High Share Premium Alone Can’t Trigger Section 68 Addition: Calcutta HC

February 6, 2026 558 Views 0 comment Print

Addition under Section 68 cannot be sustained merely due to high share premium when investors are identifiable, traceable, and supported by audited financial records.

Section 80P Denial Collapses After Section 119(2)(b) Condonation – CPC Intimation Cannot Survive

February 6, 2026 366 Views 1 comment Print

ITAT Chennai held that once delay in filing return is condoned under section 119(2)(b), CPCs denial of deduction under section 80P collapses and relief must be granted.

Bogus Purchase Disallowance Fails — Third-Party List Alone Is Not Evidence

February 6, 2026 489 Views 0 comment Print

The tribunal held that a purchase cannot be treated as bogus solely based on third-party allegations. Without independent verification by the Assessing Officer, the disallowance was held unsustainable.

Joint Hindu Family Properties Presumed Where Ancestral Nucleus Exists – Concurrent Findings Upheld

February 6, 2026 438 Views 0 comment Print

The case examined whether multiple agricultural properties were joint family assets or self-acquisitions. The Supreme Court upheld findings that ancestral income existed, shifting the burden to prove self-acquisition, which failed.

Interest From Co-op Banks Fully Deductible U/s 80P(2)(d), Totgars Misapplied

February 6, 2026 240 Views 0 comment Print

The tribunal held that interest earned from deposits with co-operative banks qualifies for deduction under Section 80P(2)(d). Such banks are treated as co-operative societies, making the interest fully deductible.

Search Assessment – Telescoping Upheld, No Double Taxation & U/s 234A Interest Curtailed

February 6, 2026 294 Views 0 comment Print

The tribunal held that amounts already disclosed and taxed as accommodated receipts cannot be taxed again under another head. Separate additions were deleted as they resulted in impermissible double taxation.

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