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Judiciary

Once Section 263 Order Is Quashed, Fresh Assessment Cannot Survive: ITAT Delhi

January 20, 2026 267 Views 0 comment Print

Alleged additions for suppressed sales, disallowances, and capital gains were rendered void once the revision order was quashed. The case underscores the doctrine of consequential invalidity.

ITAT Pune quashed Penalty u/s. 270A(9) due to failure in specifying applicable limb

January 20, 2026 867 Views 0 comment Print

ITAT Pune held that penalty not leviable under section 270A of the Income Tax Act since show cause notice failed to specify the applicable limb u/s. 270A(9) under which the penalty was imposed. Accordingly, penalty is quashed and appeal is allowed.

Rectification of inadvertent error in GST returns permitted as there is no loss to revenue

January 20, 2026 1053 Views 0 comment Print

Gujarat High Court held that amendment/ rectification of inadvertent error in GST returns [Form GSTR-1 and GSTR-3B] is permissible if no loss to revenue would be caused. Accordingly, petition is allowed and returns are permitted to be amended.

Special Income Tax Audit Without Valid DIN-Based Approval Void Ab Initio: Bombay HC

January 20, 2026 576 Views 0 comment Print

The Bombay High Court ruled that a special audit under Section 142(2A) cannot stand where the mandatory approval lacks a DIN. The absence of DIN renders the approval non-existent in law, making the entire proceedings void from inception.

Interest on IGST Refund Can’t Be Rejected on Jurisdiction Ground: Bombay HC

January 20, 2026 375 Views 0 comment Print

The court held that rejection of IGST refund interest on jurisdictional grounds could not defeat a diligent claim and allowed the taxpayer to approach the GST appellate authority without facing limitation hurdles.

NCLAT Chennai Rejected EPFO Claim Due to 953-Day Delay before liquidator

January 20, 2026 411 Views 0 comment Print

NCLAT upheld rejection of a claim filed nearly three years late during liquidation. The ruling confirms that inordinate delays without valid explanation cannot be condoned.

ITAT Delhi Set Aside Section 153C Orders for Exceeding Ten-Year Block

January 20, 2026 309 Views 0 comment Print

The ITAT held that assessments framed beyond the permissible ten-year block under Section 153C are without jurisdiction. Since the satisfaction note fixed the deemed search year later, earlier years were invalidly assessed.

NCLT Dismissed Petition for Failure to Prove Oppression & Mismanagement

January 20, 2026 14787 Views 0 comment Print

The Tribunal examined allegations of oppression and mismanagement and found no supporting material. The petition was dismissed in limine, reaffirming that mere assertions without substantiation cannot sustain such proceedings.

Manual Section 143(2) Notices Without DIN Invalid: ITAT Delhi

January 20, 2026 1014 Views 0 comment Print

The Tribunal ruled that absence of DIN on Section 143(2) notices vitiates jurisdiction under Section 147. All reassessment orders were quashed as legally unsustainable.

Demonetisation Cash Deposits: ITAT Cuts Section 68 Addition to ₹2 Lakh as Books Not Rejected

January 20, 2026 243 Views 0 comment Print

The Tribunal directed normal taxation, holding that Section 115BBE could not be invoked for the year involved. This reinforces the prospective operation of the higher tax regime.

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