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Judiciary

Interest on Enhanced Compensation Taxable as Other Sources Income: ITAT Delhi

January 20, 2026 675 Views 0 comment Print

Interest received under Section 28 of the Land Acquisition Act was held outside the scope of Section 10(37). The Tribunal clarified that only compensation qualifies for exemption, not interest.

ESOP Cost Allowable Business Expenditure: ITAT Deletes ₹93 Lakh Disallowance

January 20, 2026 777 Views 0 comment Print

The Tribunal held that employee stock option plan costs are allowable revenue expenditure. Following binding High Court precedent, the ₹93 lakh disallowance was deleted.

Reopenings for AYs 2014-15 & 2015-16 Time-Barred: ITAT Quashes Section 148 Notices

January 20, 2026 723 Views 0 comment Print

ITAT held that reassessment notices issued after the permissible limitation period were invalid. Applying the Supreme Court’s ruling in Rajeev Bansal, all proceedings were quashed as being beyond jurisdiction.

Section 263 Revision Upheld for Failure to Tax Interest on Enhanced Compensation

January 20, 2026 525 Views 0 comment Print

The Tribunal held that the Assessing Officer failed to apply amended provisions taxing interest on enhanced compensation. Revision under Section 263 was upheld as the assessment was erroneous and prejudicial to revenue.

Political Donation Disallowance Set Aside for Borrowed Satisfaction & Natural Justice Violation

January 20, 2026 1176 Views 0 comment Print

The Tribunal sustained reassessment based on search information but faulted the disallowance of political donations. The key takeaway is that additions cannot rest solely on untested third-party statements without cross-examination.

Section 14A Disallowance Rejected for No Nexus With Borrowed Funds

January 20, 2026 192 Views 0 comment Print

The Tribunal ruled that Section 14A cannot be invoked where borrowed funds were not used to earn exempt income. Disallowance was deleted after finding investments were made from interest-free funds.

No Addition in Unabated Search Year Without Seized Evidence: ITAT Kolkata

January 20, 2026 282 Views 0 comment Print

ITAT held that additions under Section 68 cannot be made for an unabated year unless incriminating material is found during search. Share premium additions based only on books and enquiries were rightly deleted.

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

January 20, 2026 3297 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.

GSTAT Closes GST Profiteering Case as buyer confirmed receipt of ITC benefits

January 20, 2026 333 Views 0 comment Print

Proceedings were closed after it was confirmed that GST ITC benefits had already been passed on to flat buyers. The decision emphasizes that resolved ITC benefit disputes do not warrant continued proceedings.

No Profiteering Found Where Housing Project Is Fully Post-GST: GSTAT

January 20, 2026 261 Views 0 comment Print

An anti-profiteering complaint was dismissed after investigation showed the project started after GST implementation. The decision highlights that Section 171 does not apply without a pre-GST to post-GST comparison.

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