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Judiciary

Partners’ Remuneration Disallowance Set Aside Due to ITR Error

January 17, 2026 594 Views 0 comment Print

The tribunal held that a legitimate deduction cannot be denied merely due to an inadvertent reporting mistake in the return. The matter was remanded to verify facts and allow the deduction if otherwise admissible.

Delay Excused Where Notices Never Reached the Assessee

January 17, 2026 354 Views 0 comment Print

The core issue was whether lack of knowledge of proceedings justified late appeals. The Tribunal held that notices sent to an inaccessible email amounted to sufficient cause. The decision emphasizes procedural fairness.

Time-Barred 12AB Cancellation Appeal Thrown Out

January 17, 2026 687 Views 0 comment Print

The tribunal dismissed the appeal as time-barred because no condonation petition was filed. Delay without explanation renders the appeal non-maintainable.

Housing Loan Interest Dispute Sent Back for Verification

January 17, 2026 348 Views 0 comment Print

The case examined whether interest beyond Section 24 limits could be claimed when loan funds were temporarily used elsewhere. The Tribunal ruled that authorities must verify real deployment of funds before disallowance.

Section 263 Invoked for Lack of Inquiry into Exceptional Items

January 17, 2026 315 Views 0 comment Print

The dispute centered on whether omission to verify exceptional items prejudices revenue. The Tribunal upheld revision, emphasizing Explanation 2 to section 263. The ruling reinforces that absence of inquiry itself is sufficient ground for revision.

Section 143(2) – Validity in Set-Aside Reassessment Proceedings and Effect of Non-Verification of Return of Income

January 17, 2026 2193 Views 0 comment Print

The Court ruled that omission to issue Section 143(2) vitiates reassessment at the root. Such a defect cannot be cured, even if the return is alleged to be defective.

Delhi HC judgment regarding Nil Withholding Certificates under Section 197

January 17, 2026 612 Views 0 comment Print

The Court held that Section 197 applications cannot be rejected mechanically to “protect revenue.” Mandatory factors under Rule 28AA, including past assessments and liabilities, must be examined before directing withholding.

Post-Checkmate Law: Late PF/ESI Deposits Mandate Disallowance

January 17, 2026 972 Views 0 comment Print

The tribunal upheld disallowance of employees’ PF and ESI contributions paid after statutory due dates. Following the Supreme Court’s Checkmate ruling, delayed deposits are deemed income and not deductible.

Land Sale Profits Treated as Capital Gains, Not Business Income: Madras HC

January 17, 2026 1131 Views 0 comment Print

The High Court held that long-held, undeveloped land sold by the assessee gave rise to capital gains. Intention, holding period, and conduct outweighed Revenue assumptions.

GST notice uploaded on GST portal resulted into non-participation of taxpayer: case remanded

January 17, 2026 2250 Views 0 comment Print

Orissa High Court held that mere uploading of demand-cum-show cause notice in Form GST DRC-01 on GST portal under ‘Additional Notices/Orders’ resulted into non-participation. Hence, the ex-parte order passed thereon is quashed and case is remanded back.

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