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Judiciary

Documented and Repaid Unsecured Loans Cannot Be Treated as Accommodation Entries u/s 68

January 30, 2026 1050 Views 0 comment Print

The case examined whether general search statements can justify additions under section 68. The Tribunal held that without a cash trail or independent enquiry, such statements cannot override documentary proof.

No TPO Variation, No DRP Route: Assessment u/s 144C Quashed as Without Jurisdiction

January 30, 2026 366 Views 0 comment Print

The Tribunal held that section 144C cannot be invoked where the TPO proposes no income variation. As the assessee was not an eligible assessee, the assessment was quashed as without jurisdiction.

TDS Credit Cannot Be Denied Due to Reporting Mismatch

January 30, 2026 1449 Views 0 comment Print

The dispute concerned denial of TDS credit citing inconsistencies in reported transaction values. The ruling clarified that Form 26AS is decisive for TDS credit when deduction and deposit are undisputed.

Section 68 Additions Rejected as Loan Repayment and Cash Sales Explained

January 30, 2026 2256 Views 0 comment Print

The Tribunal upheld deletion of additions where loan repayments were sourced from stock sales and fresh loans. It ruled that without rejecting books or disproving records, section 68 cannot be invoked.

RTGS Sale Proceeds via Credit Society Not Unexplained Money

January 30, 2026 387 Views 0 comment Print

The Tribunal considered whether RTGS credits constituted unexplained money. It ruled that once sale bills, customer ledgers, and bank entries align, Section 69A has no application.

Jurisdiction under Article 226 not exercise due to non-existence of exceptional circumstance: Bail rejected

January 30, 2026 393 Views 0 comment Print

Karnataka High Court held that jurisdiction under Article 226 read with section 482 of Cr.P.C. is exercisable only in exceptional circumstances. Thus, interim bail stands rejected since present matter cannot be termed as exceptional.

Legal Heir Participation Cannot Cure Invalid U/s 153C Jurisdiction

January 30, 2026 345 Views 0 comment Print

The decision reiterates that once the assessees death is known, proceedings must restart with a valid notice to the legal heir. Failure to do so makes the assessment unsustainable.

Income Tax Appeals Dismissed Due to NCLT Moratorium Against Personal Guarantors

January 30, 2026 324 Views 0 comment Print

This case addressed whether tax appeals survive a moratorium under insolvency law. The ruling confirms that income tax proceedings stand stayed once a moratorium is imposed.

No Profiteering as Post-GST ITC Ratio Fell Below Pre-GST Level: GSTAT

January 30, 2026 396 Views 0 comment Print

The Tribunal held that no profiteering arose where the ITC-to-cost ratio declined after GST. The key takeaway is that absence of GST-led savings defeats section 171 allegations.

CAAR Mumbai Rejected Advance Ruling Due to Pending Custom Classification Dispute

January 30, 2026 453 Views 0 comment Print

The authority held that an advance ruling cannot be issued when the same classification issue is already pending before customs officers. Since a show cause notice had been issued earlier, the application was barred under Section 28-I of the Customs Act.

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