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Judiciary

Only Unexplained Portion of Cash Deposits Can Be Taxed: ITAT Chennai

January 12, 2026 396 Views 0 comment Print

Cash deposits arising from routine business collections cannot be wholly treated as unexplained income. The ruling confirms that estimations must reflect the nature of the taxpayer’s business.

Non-examination of issue of depreciation claimed on goodwill justifies revision u/s. 263

January 12, 2026 270 Views 0 comment Print

ITAT Pune held that non-examination of issue of depreciation claimed on goodwill justifies invocation of revisionary proceeding under section 263 of the Income Tax Act. Accordingly, order sustained and appeal of assessee dismissed.

CIRP against Damara Gold P. Ltd. initiated as debt and default of financial debt proved

January 12, 2026 348 Views 0 comment Print

NCLT Mumbai held that the Corporate Debtor [Damara Gold Private Limited] has committed a default in repaying the financial debt to the Financial Creditor [M/s. Punjab National Bank]. Accordingly, application u/s. 7 of IBC for initiation of CIRP admitted.

Penalty Deleted as Addition Was Based on Estimation

January 12, 2026 438 Views 0 comment Print

The Tribunal held that penalty under section 271(1)(c) cannot survive when the underlying addition is purely estimated. The ruling reinforces that estimation alone does not amount to furnishing inaccurate particulars.

Section 205 Bars Denial of TDS Credit for Employer’s Default: ITAT Mumbai

January 12, 2026 669 Views 0 comment Print

ITAT held that once tax is deducted from an employee’s income, credit cannot be denied merely because the employer failed to deposit it. Section 205 bars recovery of such tax from the employee.

Depreciation on Amalgamation Goodwill Allowed Under Settled Law

January 12, 2026 441 Views 0 comment Print

The Tribunal upheld depreciation on goodwill arising from amalgamation, relying on Supreme Court precedent. The ruling confirms that excess consideration recognized as goodwill qualifies for depreciation under section 32.

Section 68 Loan Addition Solely on Third-Party Statement Fails if no Independent AO Inquiry

January 12, 2026 561 Views 0 comment Print

ITAT held that a loan cannot be treated as unexplained merely on the basis of a third-party search statement. When confirmations, bank statements, and repayment evidence are on record, independent verification by the AO is mandatory.

ITAT Delhi Upholds Section 80-IC Deduction for Lotus Herbals; Bogus Expansion Claims Rejected

January 12, 2026 228 Views 0 comment Print

Revenue’s claim that manufacturing activity was artificially shifted to extend tax benefits was rejected. The Tribunal held that factual expansion and eligible profits were duly established.

ITAT Mumbai: Invalid Section 148 Notice Leads to Deletion of Tax Demand

January 12, 2026 741 Views 0 comment Print

With the reassessment notice quashed, the consequential assessment order and demand were automatically annulled. The ruling highlights that taxpayers cannot be burdened where initiation itself is unlawful.

Section 68 Addition Fails Without Proof of Actual Penny Stock Trades: ITAT Mumbai

January 12, 2026 936 Views 0 comment Print

The Tribunal ruled that suspicion based on penny stock lists is insufficient to sustain additions. Revenue must prove real purchase and sale transactions through demat and banking records.

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